(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Code of laws of South Carolina 1942"

Digitized by the Internet Archive 

in 2011 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://www.archive.org/details/codeoflawsofsout1946sout 



1946 SUPPLEMENT 

TO THE 

CODE OF LAWS 

OF 

SOUTH CAROLINA 
1942 



1945 AND 1946 GENERAL AND PERMANENT 

STATUTES CODIFIED IN DETAIL OR 

BY REFERENCE 

ANNOTATIONS 




PRINTED UNDER THE DIRECTION OF THE 

JOINT COMMITTEE ON PRINTING 
GENERAL ASSEMBLY OP SOUTH CAROLINA 



EMORY UNIVERSITY 



1 



ATLANTA, GEORGIA 



Camar School oflatti tibrarg 



m 





Presented by 

AiSTIN, MILLER AND GAINES 



1946 SUPPLEMENT 

TO THE 

CODE OF LAWS 

OF 

SOUTH CAROLINA 
1942 



1945 AND 1946 GENERAL AND PERMANENT 

STATUTES CODIFIED IN DETAIL OR 

BY REFERENCE 

ANNOTATIONS 



By 

The Code Commissioner and the Committee on Statutory 

Laws of the General Assembly of the State of 

South Carolina 




PRINTED UNDER THE DIRECTION OF THE 

JOINT COMMITTEE ON PRINTING 
GENERAL ASSEMBLY OF SOUTH CAROLINA 



J,^ 






1^ 






NOTICE 

This supplement to the Code of Laws of South Carolina, 1942, is compiled and 
published as required by section 2118 of the said code. 

Annotations in this volume start where annotations in the 1944 Supplement 
ended, and go through volume 37 of South Eastern Reporter, Second Series, 
volume 66 of Federal Supplement, volume 156 of Federal Reporter, Second 
Series, and volume 66 of United States Supreme Court Reporter. 

Acknowledgment is hereby made to the West Publishing Company, of St. Paul, 
Minnesota, for a license permitting the use of its copyrighted digest paragraphs 
and other material in the South Eastern Reporter, Federal Reporter, Federal 
Supplement, and United States Supreme Court Reporter in annotating, and/or 
preparing annotations, for this supplement. The use of these digest para- 
graphs and. other material herein does not permit the re-use of same by any third 
party without the consent and license of the original copyright proprietor 
the West Publishing Company. 

FuRMAN R. Gressette W. Brantley Harvey, Chairman 

Code Commissioner. James B. Pruitt 

J. Carl Kearse 

Calhoun Thomas, Vice-Chairman 
Marion F. Winter 
James B. Morrison 

Committee on Statutory Laws. 



TABLE OF CONTENTS 



Page 

Supplement of Laws .— 5 

Constitution of the State of South Carolina 1895 .— 321 

Index — 331 



1946 Supplement 

to the 

Code of Laws of South Carolina 

1942 



§ 36. Change of venue — when and how made. 

Motion for change of venue on ground Caldwell et al., 1946, S. C , 38 

that a fair and impartial trial could not S. E. 2d 665. 
be obtained denied. O'Shields et al. v. 

§ 53. Courts in third circuit. 

See this section in 1944 Supplement. 
§ 54. Courts in fourth circuit. 

See this section in 1944 Supplement. 

§ 56. Courts in sixth circuit. 

(1) Terms. — The courts of the sixth judicial circuit shall be held as follows: 

(a) Chester County. — The court of general sessions at Chester, for the 

county of Chester, on the first Monday in March, the first Monday in July and 

the first Monday in October; and the court of common pleas at the same place, 

commencing on the second Monday in January, the first Monday after the fourth 

Monday in March, the third Monday in May and on the second Monday after 

the fourth Monday in October, and each term of the court of common pleas shall 

continue for a term of two weeks if so much be necessary. 

1944 (43) 1351. 

Above subsection (a) replaces former subsection (a). 

(d) York County. — The court of general sessions at York for the county of 
York, on the fourth Monday in January and on the third Monday after the 
fourth Monday in March, on the second IMonday in July, the second INIonday 
in September and on the first Monday after the fourth Thursday in November 
or National Thanksgiving Day; and the court of common pleas at the same 
place on the Wednesday first following the Mondays fixed for the holding of 
the court of general sessions at the same place; on the first Monday in May and 
continuing for a term of two weeks ; except there shall be no term of the court 
of common pleas to follow the court of general sessions which is provided for on 
the fourth Monday in January; provided, that the court of common pleas, 
where following the court of general sessions at the same term of the circuit 
for said county, may be opened immediately after the adjournment of such 
court of general sessions, if the work of the latter be concluded in less than two 
days. Provided, further, that nothing herein contained shall be held to limit 
the court of general sessions to two days, if the work of the court is not concluded 
in such time : provided, further, that where the court of common pleas folloAvs 
the court of general sessions at the same term of court for said county, calendar 



§ 56 1946 Supplement 6 

one of the court of common pleas shall not be called peremptorily until the 
Mondays following the Mondays fixed for holding the court of general sessions 
at said place, but this latter provision shall not apply to the summer term: 
provided, further, that jury trials of civil cases shall not be had at the January 
term : and provided, further, that only one venire of jurors shall be drawn for 
the February term, the jurors for said term to be summoned to attend on the 
Monday first following the convening of the court, for services during that week 
of the said term. 

1946 (44) 1427. 

Above subsection (d) replaces former subsection (d). 

§ 57. Courts in seventh circuit. 

See this section in 1944 Supplement. 

§ 61. Courts in eleventh circuit. 

(1) Terms. — The courts of the eleventh circuit shall be held as follows : 

(b) McCoRMiCK County, — The court of general sessions for the county of 
McCormick, at McCormick court house, on the first Monday in February, the 
second Monday in June, the first Monday in October; and the court of common 
pleas at the same place shall convene immediately upon the conclusion of the 
work of the February court of general sessions; immediately upon the conclu- 
sion of the work of the court of general sessions in June ; and immediately upon 
the conclusion of the work of the court of general sessions in October ; and the 
same panel of petit jurors shall be eligible to serve both the courts of general 
sessions and common pleas at each of the above stated terms of court for Mc- 
Cormick County. 

1945 (44) 5. 

Above subsection (b) replaces former subsection (b). 

§ 64. Courts in the fourteenth circuit. 

(1) Terms. — The courts of the fourteenth judicial circuit shall be held as 
follows : 

(b) Beaufort County. — The courts of general sessions for the county of 
Beaufort, at Beaufort, on the first Monday in March for not longer than one 
week, on the fourth Monday in June for not longer than one week, and on the 
first Monday in November for not longer than one week. The courts of common 
pleas for the said county of Beaufort, at Beaufort, shall convene on third Mon- 
day of March for two weeks, and the fourth Monday in June as soon as the 
court of general sessions shall have concluded, and shall continue during the 
remainder of the week and on the fourth Monday in November for one week. 

(c) Colleton County. — The courts of general sessions for the county of 
Colleton, at Walterboro, on the first Monday in April, for one week; on the 
second Monday in June, for one week and on the third Monday in September 
for one week. The court of common pleas for said county of Colleton, at Wal- 
terboro, on the second Monday in April for one week, for one week on the fourth 
Monday in May, for one week, on the fourth Monday in October, for one week, 
and on the second Monday in December for one week. 



7 Code of Laws of South Carolina § 119 

(e) Jasper County. — The courts of general sessions for the county of Jasper 
at Eidgeland, South Carolina, on the fourth Monday in February for one week ; 
the third Monday in May for one week ; the third Monday in June for one week, 
and the third Monday in November for one week. The courts of common pleas 
for said county shall convene as soon as the courts of general sessions shall have 
concluded, except that during the week commencing the third Monday in No- 
vember, there shall be no regular term of the court of common pleas. There 
shall also be terms of the court of common pleas for said county on the second 
Monday in May for one week, and the first Monday in December for one week. 

1945 (44) 152. 

Above subsections (b), (c) and (e) replace former subsections (b), (c) and (e). 

(2) Notify jurors by mail when court called off, Allendale and Florence 
Counties. — Whenever a jury, grand, petit, or both, has been summoned for 
duty in Allendale County and Florence County and the court for which they 
have been summoned is called off, the clerk of court shall give notice to each 
juror by postal card that such term has been called off and he is not required 
to appear. Upon the giving of such notice at least three days before court, 
the time to commence with the mailing of such postal cards, no pay shall be 
given. 

1945 (44) 64. 

§ 68. Call off terms of common pleas court fixed by statutes. 

See this section in 1944 Supplement. 
§ 103. Jurisdiction. 

See this section in 1944 Supplement. 

§ 119. Jurisdiction. — The said county court shall have concurrent jurisdic- 
tion with the court of common pleas in all civil cases and special proceedings, 
both at law and equity, provided, however, that such jurisdiction shall not extend 
to actions at law for the recovery of money only where the amount demanded 
in the complaint exceeds five thousand ($5,000.00) dollars, or actions for the 
recovery of specific real and personal property where the value of said property 
exceeds five thousand ($5,000.00) dollars. 

Said court shall have appellate jurisdiction concurrent with the court of common 
pleas in the following matters : 

(a) To hear and determine appeals from the probate court, provided, however, 
that such jurisdiction shall not extend to issues required to be heard de novo 
before a jury where the amount involved exceeds five thousand ($5,000.00) 
dollars, or in case of issue of will or no will where the appraised value of the 
estate concerned as shown by the records of the probate court exceeds five thou- 
sand ($5,000.00) dollars. 

(b) To hear and determine appeals from preliminary boards or commissions 
in condemnation proceedings, provided, however, that such jurisdiction shall 
not extend to proceedings required to be heard de novo before a jury where 
the value of the claimed value of the property concerned exceeds five thousand 
($5,000.00.) dollars. 



§ 119 1946 Supplement 8 

(c) To hear and determine appeals from the South Carolina industrial com- 
mission or other administrative boards or bodies within the State. 

(d) To hear and determine appeals from judgments rendered by the magis- 
trates' courts. 

The proceedings on such appeals shall be as is now provided for appeals 
from said last mentioned tribunals to the court of common pleas. 
The said county court shall have concurrent jurisdiction with the court of gen- 
eral sessions to try and determine all criminal cases, provided, hoivever, that 
such criminal jurisdiction shall not extend to cases for murder, manslaughter, 
rape, attempt to rape, arson, common law, burglary, bribery and perjury. 

1946 (44) 1478. 

Above section 119 replaces former section 119. 

§ 126. Juries — jury trials. — * * * provided, however, that issues framed in 
equity cases shall be submitted to a jury of twelve (12) persons where the 
amount depending upon the outcome of said issues exceeds five thousand 
($5000.00) dollars. In such cases a jury list of twenty (20) shall be selected 
from a venire of thirty-six (36) persons and the empaneling of said jury 
shall be according to the practice in the court of common pleas. 

1946 (44) 1446. 

Above proviso added by 1946 p 1446. 

§ 195. Jurors — witnesses — compensation. 

1945 Acts and Joint Resolutions (44 county court jurors of Spartanburg 
Statutes at Large) page 44 fixed pay of County at $4.00 per day plus mileage. 

§ 206. Court of record — clerk. 

See this section in 1944 Supplement. 

§ 213. When to grant discharge to administrators, etc. 

Notice required for discharge, and duty 35 S. E. 2d 47. 

give same is on guardian. First Nat. Liability of probate judge for guar- 

Bank of Greenville v. United States Fi- dianship funds. Id. 
delity & Guaranty Co., 1945, 207 S. C. 15, 

§ 220. Exclusive jurisdiction after once acquired. 

Order of commitment to state hospital of estate person committed. In re Le- 

was an adjudication of only sanity of mack's Estate, Reed v. Lemack, 1945, 207 

person committed, and such action does S. C. 137, 35 S. E. 2d 34. 
not give court issuing order jurisdiction 

§ 228. Appellate jurisdiction of circuit court. 

Appointment of administrator. Tolbert 2d 49. 
V. Tolbert, 1945, 206 S. C. 300, 34 S. E. 

§ 236. Probate judge have no voice in determining appeal — practice of law. 

See this section in 1944 Supplement. 

§ 255. Neglect of child a misdemeanor — separation of baby from mother — 
penalties for violation — adoption of children — procedure in bastardy — aban- 
donment — orphanages — abduction — furnishing tobacco — furnishing weapons — 
leaving child confined alone — failure to pay minor for work. 



9 Code of Laws of South Carolina § 320-1 

Marriage of father and mother after lock." In re Smith's Estate, Foster v. 

birth of their child under the express Roland, 1944, 205 S. C. 457, 32 S. E. 2d 

terms hereof (subsection 19) legitima- 375. 
tized the child "as if born in lawful wed- 

§§ 256-101 thru 256-125. Juvenile -Domestic Relations Court Act. 

See these sections in 1944 Supplement. 

§ 256-126. Jurisdiction of children's court.—* * * 

(4) Expulsion of school children. — No child Avho is required by law to at- 
tend the public schools in any county wherein the juvenile-domestic relations 
court is established shall be suspended by expulsion from the school unless 
prior thereto the delinquency of such child shall have been reported to the 
court. 

1945 (44) 154. 

Paragraph 4 above added by 1945 p 154. 

§§ 256-127 thru 256-179. Juvenile-Domestic Relations Court Act. 

See these sections in 1944 Supplement. 
§§ 256-181 and 256-182. Children's court, Spartanburg County. 

See these sections in 1944 Supplement. 

§§ 256-191 thru 256-198. Children's court, Greenville County. 

See these sections in 1944 Supplement. 

§ 287. Judgments, executions and transcripts — destroy certain records. 

See this section in 1944 Supplement. 

§ 312. Penalty practice unless admitted and sworn. 

See §333-4 as to practice of law by corporations and voluntary associations. 

Attorney's right when settlement made 207 S. C. 112, 34 S. E. 2d 482. 
with client. Keels v. Powell et al., 1945, 

§ 319. Attorneys from other States. — The Supreme Court is authorized and 
empowered to establish and promulgate rules and regulations for the admis- 
sion to the practice of law in the courts of this State of attorneys who are 
licensed to practice law in the courts of any one or more of the States of the 
United States. Said rules and regulations shall be so constituted as to require 
such qualifications of any such applicant as is required by the law or rules 
of the State in which he is licensed for the admission of attorneys licensed in 
other States. Provided, that upon application made on or before January 1st, 
1947, the court may admit any attorney who has been licensed by any State 
for a period of five years and has been engaged in the practice of law for 
such period of time ; and provided, further, that the time or period of service 
of the applicant in tlie armed services of the United States in "World War II 
shall be counted as time engaged in the practice of law. * * * 

1946 (44) 1413. 

Above provisions substituted for first sentence in this section in 1942 Code by 1946 
p 1413. Section otherwise not affected. 

§ 320-1. Examine and admit applicants to bar who are serving in military 
or naval forces of U. S. outside of U. S. 

See this section in 1944 Supplement. 



§ 333-1 1946 Supplement 10 

§ 333-1. Not solicit legal business, retainer, or agreement authorizing attorney 
perform or render legal services.— It shall be unlawful for any person or his 
agent, employee or any person acting on his behalf to solicit or procure 
through solicitation either directly or indirectly legal business, or to solicit 
or procure through solicitation a retainer, written or oral, or any agreement 
authorizing an attorney to perform or render legal services. 
1946 (44) 2575. 

§ 333-2. Parties not divide, receive or agree to do so, consideration from 
attorney for directing business to an attorney. — It shall be unlawful for any 
person, partnership, corporation, or association to divide with or receive from, 
or to agree to divide with or receive from, any attorney-at-law or group of 
attorneys-at-law, whether practicing in this State or elsewhere, either before 
or after action brought, any portion of any fee or compensation, charged or 
received by such attorney-at-law or any valuable consideration or reward, 
as an inducement for placing or in consideration of having placed, in the 
hands of such attorneys-at-law, or in the hands of another person a claim or 
demand of any kind for the purpose of collecting such claim, or bringing ac- 
tion thereon, or of representing claimant in the pursuit of any civil remedy 
for the recovery thereof. But this section does not apply to an agreement 
between attorneys and counsellors at law to divide between themselves the 
compensation to be received. 
1946 (44) 2575. 

§ 333-3. Penalties. — Any person violating any of the provisions of this sec- 
tion is guilty of a misdemeanor and, upon conviction, shall be punished in 
the discretion of the court. 
1946 (44) 2575. 

§ 333-4. Practice of law by corporations and voluntary associations. — It shall 
be unlawful for any corporation or voluntary association to practice or appear 
as an attorney-at-law for any person other than itself in any court in this State 
or before any judicial body, or to make it a business to practice as an attorne- 
at-law, for any person other than itself, in any of said courts or to hold itself 
out to the public as being entitled to practice law, or render or furnish legal 
services or advice, or to furnish attorneys or counsel or to render legal services 
of any kind in actions or proceedings of any nature or in any other way or 
manner, or in any other manner to assume to be entitled to practice law or to 
assume use or advertise the title of lawyer or attorney, attorney-at-law, or 
equivalent terms in any language in such manner as to convey the impression 
that it is entitled to practice law, or to furnish legal advice, services or coun- 
sel, or to advertise that either alone or together with or by or through any 
person whether a duly and regularly admitted attorney-at-law, or not, it has, 
owns, conducts or maintains a law office or an office for the practice of law, 
or for furnishing legal advice, services or counsel. 
1946 (44) 2575. 

§ 342. Deposit moneys paid into court. 

See this section in 1944 Supplement. 



11 Code op Laws of South Carolina § 388 

§ 350. Courts may order payment of money to minors or others for benefit of 
minors. — In cases Avliere a minor becomes entitled to a sum of money not ex- 
ceeding five hundred dollars in the settlement of estates, or under the judg- 
ment, order or decree of any court, and such minor has no general or testa- 
mentary guardian to whom such sum may be paid, and whose estate, however 
derived, is, in the judgment of the court in which the settlement is made, or 
the judgment, order or decree is rendered, too small to warrant the expense 
of the appointment of a guardian, it shall and may be lawful for such court, 
or the judge thereof, to make an order for the same to be paid to the minor, 
or the father or mother of such minor, or if the father and mother be dead, 
to some other person for the benefit of such minor as to such court or judge 
may seem best. 

1945 (44) 234. 

Amount pay minor increased to $500 from $200 by 1945 p 234. 
Above § 350 replaces § 350, 1942 Code. 

§ 354. Action on judgment. 

"Or" in this section should be "on". The right to institute an action on a 

American Agricultural Chemical Co. v. judgment is conditioned upon compliance 

Thomas, 1945, 206 S. C. 355, 34 S. E. with this section. Id. 
2d 592. 

§ 356. Time for commencing actions, etc. 

The statute of limitations does not com- 377, 32 S. E. 2d 147. 

mence to run between a fiduciary and his Action for liquidated damages under 

cestui que trust until the fiduciary does Fair Labor Standards Act, see Davis v. 

some act which terminates the trust. Rockton and Rion R. R., 1946, 65 Fed. 

Bagwell V. Hinton et al., 1944, 205 S. C. Supp. 67. 

§ 360. Death of person admitted before limitation expires. 

The running of the statute of limita- Metropolitan Life Ins. Co., 1945, 206 S. 
tions is interrupted by death. Weston v. C. 128, 33 S. E. 2d 386. 

§ 377. Possession — when presumed, etc. 

Prove possession by either actual phys- Action for liquidated damages under 

ical possession or proof of perfect legal Fair Labor Standards Act, see Davis v. 

title, from which constructive possession Rockton and Rion R. R., 1946, 65 Fed. 

is presumed. West Virginia Pulp and Supp. 67. 
Paper Co. v. Cone, 1946, 153 Fed 2d 576. 

§ 379. Adverse possession under written instrument, etc. 

Failure prove adverse possession. West 1946, 153 Fed. 2d 576. 
Virginia Pulp and Paper Co. v. Cone, 

§ 387. Twenty years. 

1946 Acts and Joint Resolutions (44 Statutes at Large) page 1436 repealed para- 
graph (1) of this section. 

To maintain action hereunder to renew Co. v. Thomas, 1945, 206 S. C. 355, 34 
judgment requirements of § 354 must be S. E. 2d 592. 
met. American Agricultural Chemical 

§ 388. Six years. 

Applied. Woodward v. National Coun- Action for liquidated damages under 

cil Junior Order United American Me- Fair Labor Standards Act, see Davis v. 

chanics, 1945, 206 S. C. 282, 33 S. E. 2d Rockton and Rion R. R., 1946, 65 Fed. 

625. Supp. 67. 



§389 1946 Supplement 12 

§ 389. Three years. 

Action for liquidated damages under Davis v. Rockton & Rion R, R., 1946, 65 
Fair Labor Standards Act is not action F. Supp. 67. 
upon statute for penalty or forfeiture. 

* 
§ 396-2. Time sue for wages claim under federal statute or regulation. — In 

any and all suits, or actions, concerning, or in any manner relating to wages 

claimed under a federal statute or regulation such suit or action must be begun 

within a year from the time of the accrual of the demand. 

1945 (44) 377. 

Invalid and cannot be enforced in fed- 1946, S. C , 38 S. E. 2d 18. 

eral court. Davis v. Rockton & Rion R. R., This section operates prospectively. Id. 

§ 397. Party in interest to sue — action by grantee of land held adversely. 

Applied. Lucas et al. v. Garrett et al., 1946, S. C , 38 S. E. 2d 18. 

§ 398. Assignment of thing in action — payment of accounts — liability of 
payee — notice of assignment — returned goods. — * * * 

(1) In any case where, acting without actual knowledge of the assignment 
(whether in the nature of a sale, pledge or otherwise) of accounts receivable 
and amounts due or to become due on open accounts or contracts (herein 
called "accounts"), the debtor in good faith pays or discharges in whole or 
in part, such accounts to the assignor, or to a subsequent purchaser, or other 
assignee or transferee of the assignor or other person holding a lien upon, 
or interest in, or to, such accounts, such payment shall be sufficient acquit- 
tance to the debtor in whole or protanto, as the case may be, but the title, 
right and priority of the first protected assignee shall not in any way be 
affected or diminished by such payment to such assignor, subsequent pur- 
chaser, assignee, transferee, lienee or other person, and such person so re- 
ceiving payment shall be a trustee of any sums so paid and shall be account- 
able to and liable therefor to the first protected assignee who, under the pro- 
visions of this section, has superior rights and is entitled to such sums so 
paid by the debtor. 

(2) The assignment of accounts may be protected as hereinafter provided 
and when so protected the assignee thereof shall be a protected assignee and 
at the time the assignment becomes protected it shall be valid, legal and 
complete, and shall be deemed to have then been fully perfected, and shall 
take effect and be valid and enforceable in any event against all persons 
whomsoever and no purchaser from the assignor, no creditor of any kind 
of the assignor, and no other assignee or transferee of the assignor, in any 
event shall have, or be deemed to have, acquired any right in the accounts 
so transferred to the protected assignee or in the proceeds thereof or in any 
obligation substituted therefor, superior to the rights of the protected assignee 
therein, and as between protected assignees the one who first protects his 
assignment has the superior right. 

(3) The assignment of accounts shall be and become protected at the time 
of and by filing of a statement to be known as a "Notice of Assignment of 
Accounts Receivable", signed by the assignor and assignee and in substan- 



13 Code of Laws of South Carolina § 398 

tially the following form without the necessity of describing the accounts or 
amounts thereof in any manner: 

NOTICE OF ASSIGNMENT OF ACCOUNTS RECEIVABLE 

Date 

is assigning or intends to assign one or more 

accounts receivable to 



Assignor Assignee 



Mailing Address Mailing Address 

Such notices shall be filed in the same manner as chattel mortgages are filed. 

(4) The place for filing the notice of assignment of accounts receivable 
shall be the office of the register of mesne conveyances, or in the clerk of 
court, as the case may be, of the county wherein the assignor, if an individual, 
resides ; or if a domestic or domesticated corporation, in the county wherein 
said corporation has its statutory principal place of business in the State. 
II the assignor is a resident or non-resident firm, partnership, association, or 
a non-resident individual, or a foreign undomesticated corporation, then the 
notice shall be filed in the office of the register of mesne conveyances or in 
the office of the county clerk, as the case may be, of any one county wherein 
the assignor has a place of business. 

(5) The notice of assignment shall be effective for a term of three (3) years 
and may be renewed for a like term and in the same manner as now provided 
by law for the renewal of chattel mortgages. 

(6) The notice of assignment may be cancelled of record at any time (a) 
by the assignee or by his duly authorized attorney-in-fact or upon presentation 
by the assignor or the assignee of the original notice of assignment marked 
satisfied in full by the assignee. 

(7) The validity, effect and relative priority or lien of a protected assign- 
ment or an account as to third persons shall not be affected by failure to 
notify the debtor thereof or by any act of omission of the assignor with re- 
spect to the assigned account or the proceeds thereof. Any permission by 
the assignee to the assignor to exercise dominion and control over a protected 
assignment or the proceeds thereof shall not invalidate the assignment as to 
the third persons. 

(8) Returned goods. 

(A) Where the assignor has possession of goods which gave rise to an as- 
signed account, the interest of a protected assignee therein shall be superior 
to those of the general or judgment creditors of the assignor. 



§ 398 1946 Supplement 14 

(B) The assignor shall hold in trust for the assignee: 

(a) the proceeds of an assigned account in any form; 

(b) goods which gave rise to the account in the assignor's possession; and 

(c) the proceeds of the sale or lien referred to in (A) above, 

(C) The assignment of an account includes the assignment of an account 
arising from a resale of the goods which gave rise to the assigned account. 

(9) The word "account" as used herein shall not include any amounts to 
be paid which, with reference to the assignment of the right of payment, 
is subject to special statutory provisions not contained in paragraphs (1) 
thru (9), and shall not include any right to payment which right is secured 
under a chattel mortgage, deed of trust, conditional sale agreement or other 
instruments, which is required to be recorded in order that no assignee from 
the assignor and no creditor of the assignor can after such recordation acquire 
any right in the account assigned or in the proceeds thereof in any form su- 
perior to the rights of the beneficiary of such recorded instrument. Provided, 
the provisions of paragraphs (1) thru (9) shall not apply to the assignment 
of salaries and wages, 

1946 (44) 1324. 

Paragraphs (1) thru (9) added by 1946 p 1324. Section otherwise unchanged. 

§ 399. Actions by executor, trustee, etc. 

Action by insured under subrogation Garrett et al., 1946, S. C , 38 

agreement with insurer. Lucas et al. v. S. E. 2d 18. 

§ 401. Action by and against an infant. — When an infant, incompetent or 
insane person is a party, he must appear by guardian ad litem, who may be ap- 
pointed by the court in which the action is prosecuted, or by a judge of probate, 
clerk of court, or by a master in those counties where the office of master now 
or may hereafter exist. AVhen an infant, incompetent or insane person is a 
party in a proceeding before the industrial commission of this State, a guardian 
ad litem for such infant, incompetent or insane person may be appointed by a 
judge of probate, clerk of court, or master, if there be a master, of the county 
wherein such infant, incompetent or insane person resides, or by any circuit 
judge in this State. 

1946 (44) 1517, 

1946 p 1517 provides for appointment of guardian ad litem for infant, incompetent 
or insane person in lieu of appointment of guardian for infant, and also added last 
sentence. Above section replaces § 401, 1942 Code. 

§ 402. Guardian — appointment. 

See this section in 1944 Supplement. 

§ 404. Who may be defendants. 

Applied. Boykin v. Capehart et al., 2d 507. 
1944, 205 S. C. 276, 31 S. E. 2d 506; Bes- Persons interested in the controversy, 

singer v. National Surety Corporation et or necessary to a complete determination 

al., 1945, 207 S. C. 365, 35 S. E. 2d 658. of the action may be made defendants. 

One not named herein as party. Wein- Weinberg v, Weinberg, S. C , 37 

berg v. Weinberg, S. C , 37 S. E. S. E. 2d 507, 



15 



Code of Laws of South Carolina 



§ 441 



§ 409. Court to decide controversy, etc. — interpleader. 

Applied. Boykin v. Capehart et al., other parties." Weinberg v. Weinberg, 
1944, 205 S. C. 276, 31 S. E. 2d 506; S. C , 37 S. E. 2d 507. 



Beard-Laney, Inc., et al. v. Darby et al., 

1946 S. C , 38 S. E. 2d 1. 

This section is mandatory as to the 
bringing in of other parties "when a 
complete determination of the controversy 
cannot be had without the presence of 



One not named herein as party. Wein- 
berg V. Weinberg, S. C , 37 S. E. 

2d 507. 

See generally Bessinger v. National 
Surety Corporation et al., 1945, 207 S. C. 
365, 35 S. E. 2d 658. 



§ 419. Actions to be tried where subject matter situated. 



On the issue of pain and suffering it 
is not of the preponderance of the evi- 
dence but whether there was any from 
which the jury could reasonably find con- 

§ 426. Changing place of trial. 

To authorize a change of venue on the 
ground that the convenience of witnesses 
and the ends of justice would be pro- 
moted by the change, the burden is upon 
the moving party to show that both ele- 
ments will be promoted by the change. 
Gregory v. Powell et al., 1945, 206 S. C. 
261, 33 S. E. 2d 629. 

Such a motion is addressed to the sound 
judicial discretion of the lower court and 
its ruling will not be disturbed by this 
court except in cases of manifest error. 

§ 427. Actions — ^how commenced. 

An action brought against driver of 
automobile to recover damages alleged to 
have been sustained on account of its neg- 
ligent operation and the personal defend- 
ant is duly served with summons and 
complaint and damage feasant automobile 
is seized under a warrant of attachinent 
regularly issued under the authority of 
section 8792, then such a suit includes 

§ 428. Summons — requisites of. 

A notice and a command issued by the 
court itself is as efficacious as one issued 
by the party to an action or his attorney. 
Beard-Laney, Inc., et al. v. Darby et al., 
1946, S. C , 38 S. E. 2d 1. 

§ 436. Summons — publication. 

Publication as service on enemy na- 
tionals. Meier v. Meier et al., 1946, 

S. C , 38 S. E. 2d 762. 

Defendant against whom publication is 
ordered may, on sufficient cause shown, 
assail a judgment recovered against him 
in his absence, however he cannot divest 



scious pain and suffering. Croft v. Hall 

et al., 1946, S. C , 37 S. E. 2d 

537. 



Id. 

When the moving party makes a prima 
facie showing of the fulfillment of both 
requirements, the burden shifts to the 
contesting party to defeat the showing 
made of at least one of these require- 
ments. Id. 

Motion for change of venue on ground 
that a fair and impartial trial could not 
be obtained denied. O'Shields et al. v. 

Caldwell et al., 1946, S. C , 38 

S. E. 2d 665. 



an action in rem against such vehicle, al- 
though it is not named as a party de- 
fendant in the summons. Raines v. Pos- 

ton, 1946, S. C , 38 S. E. 2d 145. 

Action against the members of the pub- 
lic service commission should be com- 
menced by service of summons. Beard- 
Laney, Inc., et al. v. Darby et al., 1946, 
S. C , 38 S. E. 2d 1. 



Service of order and amended com- 
plaint without summons sufficient. Beard- 
Laney, Inc., et al. v. Darby et al., 1946, 
S. C , 38 S. E. 2d 1. 



rights of innocent purchasers, which had 
vested before any assault had been made 
upon the judgment, which upon its face 
was entirely regular, and free from any 
infirmity. Meier v. Meier et al., 1946, 
S. C , 38 S. E. 762. 



§ 441. When jurisdiction of action acquired. 



A voluntary appearance of a defendant 
is equivalent to personal service of the 
summons upon him. Thompson et al. v. 



Anderson et al., 1946, 
S. E. 2d 581. 



S. C. 



., 37 



§ 468 1946 Supplement 16 
§ 468. Counterclaim — several defenses. 

In action for premiums on insurance tort liability alleged in counterclaim not 

policy defendant cannot set up counter- arising out of the bond or the giving of it, 

claim for penalties under § 7968. Globe which is the subject of the action, and is 

Indemnity Co. v. Cooper Motor Lines, not connected with it, subject to demurrer. 

Inc., 1945, 206 S. C. 154, 33 S. E. 2d 405. Renneker v. Rehkopf et al., 1946, 

In action upon contract, appeal bond; S. C , 37 S. E. 2d 138. 

§ 470. Sham and irrelevant defenses to be stricken out. 

Applied. Daniel v. Tower Trucking own volition the scope of the motion or 

Co., Inc., et al., 1944, 205 S. C. 333, 32 to grant an order not in conformity with 

S. E. 2d 5. the motion. Hughey v. Ray, 1945, 207 

Power of circuit judge to limit of his S. C. 374, 36 S. E. 2d 33. 

§ 471. Reply — demurrer to answer. 

Applied. Norton v. Planters Fertilizer 119, 33 S. E. 2d 247. 
& Phosphate Co. et al., 1945, 206 S. C. 

§ 477. Pleading's to be liberally construed. 

Pleadings are required to be construed Searson v. Webb et al., 1946, S. C. 

liberally if that be necessary to find a , 38 S. E. 2d 654. 

cause of action stated in the complaint. 

§ 478. Striking out irrelevant or redundant matter and making indefinite 
matter more definite. 

Power of circuit judge to limit of his the motion. Hughey v. Ray, 1945, 207 

own volition the scope of the motion or S. C. 374, 36 S. E. 2d 33. 
to grant an order not in conformity with 

§ 487. What cause of action may be joined. 

See note treating Piedmont Fire Ins. and out of city, made carrier proper party 

Co., Inc., v. Burlington Truckers, Inc., et in action for damages against insured, 

al. under § 8511 for effect of last para- which happened out of city limits. Croft 

graph hereof on § 8511. v. Hall et al., 1946, S. C , 37 

Insurance required by city ordinance S. E. 2d 537. 
on taxicabs, which covered travel in city 

§ 490. Material variances. 

Applied. Drayton v. Industrial Life & S. E. 2d 148. 
Health Ins. Co., 1944, 205 S. C. 98, 31 

§ 494. Amendments by the court. 

It is not necessary to allow time to 2d 506. 

answer when new parties express will- Applied. Beard-Laney, Inc., et al. v. 

ingness and desire to be bound by the Darby et al., 1946, S. C , 3? 

previous proceedings. Boykin v. Cape- S. E. 2d 1; Boykin v. Capehart et al., 

hart et al., 1944, 205 S. C. 276, 31 S. E. 1944, 205 S. C. 276, 31 S. E. 2d 506. 

§ 495. Court may give relief in case of mistake. 

In order to disturb or reverse the ruling of entry of judgment, to which latter in- 

of the circuit judge it is necessary to difference shown, comes too late. Brown 

make a clear showing of an abuse of dis- v. Nix, 1946, S. C , 37 S. E. 2d 

cretion. Jenkins et al. v. Jones, 1946, 579. 

S. C , 38 S. E. 2d 255. The power conferred herein should be 

Application to open judgment after pro- exercised in liberal spirit. Jenkins et al. 

ceedings to collect by arrest and bail were v. Jones, 1946, S. C , 38 S. E. 

undertaken, several months after notice 2d 255. 



17 Code of Laavs op South Carolina § 609 

§ 500. Arrest in civil actions in what cases. 

Verdict and judgment recovered upon and bail. Brown v. Nix, 1946, S. C. 

a cause of action for simple negligence , 37 S. E. 2d 579. 

does warrant the harsh remedy of arrest 

§ 551. Form and procedure in attachment. 

Contents of affidavit. Johnson v. Hall 708. 

et al., 1946, S. C , 38 S. E. 2d 

§ 570. Security upon injunction — damages — how ascertained. 

Applied. Collins v. Collins Estate, Inc., 1946, 207 S. C. 452, 36 S. E. 2d 584. 

§ 586. Judgment on failure to answer, or for excess over counterclaim — 
claim and delivery and other cases. 

Alleged damages in tort action being MacMillan Petroleum Corporation, 1946, 

unliquidated, they could be determined S. C , 37 S. E. 2d 134. 

only by the verdict of a jury. Nettles v. 

§ 587. Judgment on frivolous demurrer, answer or reply. 

Motion strike demurrers to complaint die et al., S. C , 35 S. E. 2d 701. 

denied. Textile Hall Corporation v. Rid- 

§ 593. Issues — how tried. 

Applied. Aiken Petroleum Co. v. Na- in lands is not an action at law for the 

tional Petroleum Underwriters of West- recovery of specific real estate and there- 

ern Millers Mut. Fire Ins. Co. of Kansas fore necessarily triable by a jury under 

City, Mo., 1945, 207 S. C. 236, 36 S. E. section 593 (1). Lane v. Lane et al., 

2d 380. 1945, 206 S. C. 491, 34 S. E. 2d 754. 

An action for admeasurement of dower 

§ 596. Court stenographers. 

See this section in 1944 Supplement. 
§ 607. Jury commissioners — personnel. 

See this section in 1944 Supplement. 

§ 608. Preparation of jury list — place electors on — when prepared. 

See this section in 1944 Supplement. 

A juror does not have to pay a poll tax quire proportionate representation of races 

to sit on a case. State v. Middleton, 1946, upon a jury. State v. Middleton, 1946, 

207 S. C. 478, 36 S. E. 2d 742; State v. 207 S. C. 478, 36 S. E. 2d 742; State v. 

Gallin, 1946, S. C , 38 S. E. 2d Gallin, 1946, S. C , 38 S. E. 2d 

238. 238. 

No payment of taxes is necessary or re- Race discrimination prohibited. State 

quired for jury duty. State v. Middleton, v. Middleton, 1946, 207 S. C. 478, 36 S. E. 

1946, 207 S. C. 478, 36 S. E. 2d 742; State 2d 742; State v. Gallin, 1946, S. C. 

V. Gallin, 1946, S. C , 38 S. E. 2d , 38 S. E. 2d 238. 

238. The 1939 amendment hereto providing 

All the requirements for registration additional legal safeguard with reference 

and jury duty apply equally to the White to the qualifications of jurors does not re- 

and Negro races. State v. Middleton, lieve a defendant from exercising due dil- 

1946, 207 S. C. 478, 36 S. E. 2d 742; igence in ascertaining the statutory and 

State V. Gallin, 1946, S. C , 38 constitutional qualifications of jurors. 

S. E. 2d 238. State v. Amburgey, 1945, 206 S. C. 426, 

Fairness in the selection does not re- 34 S. E. 2d 779. 

§ 609. Jury box — how prepare — how secured and kept — prepare tales box. 

See this section in 1944 Supplement. 

Race discrimination prohibited. State 2d 742; State v. Gallin, 1946, S. C. 

V. Middleton, 1946, 207 S. C. 478, 36 S. E , 38 S. E. 2d 238. 



§ 610 1946 Supplement 

§ 610. Petit jurors — drawing and summoning. 

See this section in 1944 Supplement. 

Race discrimination prohibited. State 2d 742; State v. Gallin, 1946, . 
V. Middleton, 1946, 207 S. C. 478, 36 S. E , 38 S. E. 2d 238. 

§ 611. Draw jurors publicly. 

See this section in 1944 Supplement. 

§ 614. Venires may issue in term time for additional jurors. 
See this section in 1944 Supplement. 

§ 617. Sheriff summon jurors — when. 

See this section in 1944 Supplement. 

§ 618. Deficiency in jurors — how supply. 

See this section in 1944 Supplement. 

§ 624. Jury commissioners serve without compensation. 

See this section in 1944 Supplement. 

§ 626. Grand jury may employ expert accountant. 

See this section in 1944 Supplement. 

§ 632. Compensation — per diem and mileage. 

Compensation of jurors: Abbeville County, 1945 Acts and Joint Resolutions (44 Si 
utes at Large) pages 49 and 50, Aiken County, 1945 Acts and Joint Resolutions 
Statutes at Large) pages 77 and 78, Horry County, 1945 Acts and Joint Resoluti 
(44 Statutes at Large) pages 87 and 88, Kershaw County, 1945 Acts and Joint Res( 
tions (44 Statutes at Large) page 20, Oconee County, 1943 Acts and Joint Resoluti 
(43 Statutes at Large) page 13, Saluda County, 1946 Acts and Joint Resoluti 
(44 Statutes at Large) page 1356, Spartanburg County, 1945 Acts and Joint Res( 
tions (44 Statutes at Large) page 44, Williamsburg County, 1942 Acts and Jc 
Resolutions (42 Statutes at Large) page 1577. 

This section replaces § 632, 1944 Supplement. 

§ 639. When objections to jurors must be made. 

The 1939 amendment to § 608 providing modify or repeal overall effect of this 
additional legal safeguard with reference tion. State v. Amburgy, 1945, 206 S. 
to the qualifications of jurors does not 426, 34 S. E. 2d 779. 

§ 653. When reference may be compulsorily ordered. 

Reference granted due to long and in- Compulsory order of reference she 

tricate accounting. Jefferies v. Harvey, be granted in actions at law where eq 

1945, 206 S. C. 245, 33 S. E. 2d 513. able issues are involved. Coleman v. C 

Granting of motion for an order of ref- man, 1946, S. C , 37 S. E. 

erence does not exclude consideration of 305. 

motion for an order requiring the defend- Matters consider on hearing to re 

ant to submit to examination before trial. Coleman v. Coleman, 1946, S. C. ... 

Coleman v. Coleman, 1946, S. C. 37 S. E. 2d 305. 

, 37 S. E. 2d 305. 

§ 657. Judgment dietermines rights of parties. 

See generally, Bessinger v. National 365, 35 S. E. 2d 658. 
Surety Corporation et al., 1945, 207 S. C. 

§ 660. Declaratory judgments. 

Construction of contract of employment of Railway Conductors of America, 1£ 
between railway company and railway 63 F. Supp. 306. 
conductors. Southern Ry. Co. v. Order 



9 Code of Laws of South Carolina § 718 

685. How subpoenaed when living in another county. — If any witness shall 

e in another county, the clerk shall issue a subpoena directed to the sheriff 

f such other county, which shall be by such officer executed and returned to 

he office whence the same issued. 

1945 (44) 15. 

1945 p 15 enlarged this section so as to include all persons in another county. Above 
I 685 replaces § 685, 1942 Code. 

' 692. Parties to actions and special proceedings competent witnesses except 
H certain cases. 

See generally, Young v. Levy et al., 1945, 206 S. C. 1, 32 S. E. 2d 889. 

717. Use in civil cases testimony of witness, who was subject to cross- 
samination, if such witness is in U. S. armed forces. 

See this section in 1944 Supplement. 

I 718. Receive as prima facie evidence official findings, records, reports or 
iertified copies thereof of death, presumed death, missing or other status 
ssued by federal employees. 

(1) Presumed death. — A written finding of presumed death, made by the 
secretary of War, the Secretary of the Navy, or other officer or employee of 
he United States authorized to make such finding, pursuant to the Federal 
ilissing Persons Act (56 Stat. 143, 1092, and P. L. 408, Ch. 371, 2d Sess. 78th 
Pong. 50 U.S.C. App. Supp. 1001-17), as now or hereafter amended, or a 
luly certified copy of such finding, shall be received in any court, office 
|r other place in this State as prima facie evidence of the death of the person 
"herein found to be dead, and the date, circumstances and place of his 
|.isappearance. 



(2) Missing, captured, dead, etc. — An official written report or record, or 
jluly certified copy thereof, that a person is missing, missing in action, in- 
ierned in a neutral country, or beleaguered, beseiged or captured by an 
jnemy, or is dead, or is alive, made by any officer or employee of the United 
States authorized by the act referred to in subsection one or by any other 
law of the United States to make same, shall be received in any court, office 
•)r other place in this State as prima facie evidence that such person is missing, 
missing in action, interned in a neutral country, or beleaguered, beseiged or 
captured by an enemy, or is dead, or is alive, as the case may be. 

(3) Execution of reports — certification of copies. — For the purposes of sub- 
ection one and subsection two of this section any finding, report or record, 
r duly certified copy thereof, purporting to have been signed by such an 

)ffieer or employee of the United States as is described in said subsections, 
shall prima facie be deemed to have been signed and issued by such an officer 
or employee pursuant to law, and the person signing same shall prima facie 
be deemed to have acted within the scope of his authority. If a copy pur- 
ports to have been certified by a person authorized by law to certify the same, 
such certified copy shall be prima facie evidence of his authority so to certify. 



§ 718 1946 Supplement 20 

(4) Invalidity. — If any provision of this section or the application thereof 
to any person or circumstances be held invalid, such invalidity shall not affect 
any other provision or application of the section which can be given effect 
without the invalid provision or application, and to this end the provisions 
of this section are declared to be severable. 

1945 (44) 150. 

§ 741. Forms of execution. 

Verdict and judgment recovered upon a bail. Brown v. Nix, 1946, S. C , 

cause of action for simple negligence does 37 S. E. 2d 579. 
warrant the harsh remedy of arrest and 

§ 743. Final judgments. 

Subsections 2, 4, 5, 6 and 7 of this section repealed by ig46 Acts and Joint Resolutions 
(44 Statutes at Large) p 1436. 

§ 744. Issuance of executions — returns. 

Levy under execution on truck engaged merce. Martin v. Queen Trucking Co., 
in interstate commerce held not an un- 1945, 207 S. C. 87, 34 S. E. 2d 474. 
lawful interference with interstate com- 

§ 745. Actions to revive judgraents. — The repeal of the sections provided 
for in Act 516 of 1946 shall not be construed to affect any actions now pend- 
ing to revive judgments which are less than ten years old, or any actions 
which may be instituted within twelve (12) months from March 22, 1946, for 
the revival of judgments which are less than ten years old, and any judg- 
ments which may be revived as herein provided for shall constitute a lien 
for ten years from the date of the revival of said judgments. Provided, that 
after the expiration of twelve (12) months from March 22, 1946, no action 
shall be brought for the revival or renewal of any judgment. 

1946 (44) 1436. 

§ 745, 1942 Code, repealed by 1946 Acts and Joint Resolutions (44 Statutes at Large) 
page 1436. Above Section added by 1946 p 1436. 

§ 750. What property may be ordered to be applied to execution. 

Disability benefits under insurance pol- thews v. Matthews et al., 1945, 207 S. C. 
icy do not represent "earnings of the 170, 35 S. E. 2d 157. 
debtor for his personal services." Mat- 

§ 788. When appeal will stay execution, and when not. 

Giving of appeal bond to both the mort- not actionable if judgment appealed from 
gagee and the purchaser at foreclosure is not confirmed. Holly Hill Lumber Co., 
sale sustained. Howell v. Gibson, 1946, Inc., v. McCoy, 1945, 207 S. C. 428, 36 
S. C , 37 S. E. 2d 271. S. E. 2d 140. 

Appeal bond given to stay execution is 

§ 794. Appeals from inferior courts — supersedeas — shearing on the papers. 

Industrial commission is not a court berry Mills, Inc., 1945, 206 S. C. 227, 33 
within the contemplation of §§ 794 thru S. E. 2d 517. 
809. Schwartz v. Mount Vernon-Wood- 

§ 804. Judgment on appeal — new trial. 

Applied. Rainwater v. Hobeika, 1946, S. C , 38 S. E. 2d 495. 



21 Code of Laws of South Carolina § 943 

§ 940. Persons charged and to be tried may deposit money in lieu of enter- 
ing into recognizance. 

See this section in 1944 Supplement. 

§ 943. Return recognizances, informations and other papers to clerks of 
court — time. — All magistrates before whom recognizances of witnesses, defend- 
ants, or prosecutor, for their respective appearances at any of the courts of ses- 
sion for this State shall be taken, or before whom any infomiation or other pa- 
per returnable to the same shall be made, shall lodge the said recognizances, 
information or other papers, in the respective clerk's offices of the courts 
to which they are returnable, at least ten days before the meeting of said 
courts, respectively : provided, that in Charleston County, every magistrate 
who shall admit to bail, under the provisions of sections 935, 937, 938, 939, 
941 and 942, any person charged with an offense beyond the trial jurisdiction 
of such magistrate, or shall take any peace bond or witness recognizances, 
before discharging such person shall require each surety to file with the 
magistrate certificates from the county auditor, the register of mesne con- 
veyance and the clerk of court, showing his legal qualification to act as 
surety on the recognizances or bond in question, and shall, within two days 
thereafter, file in the office of the clerk of court of Charleston County the 
warrant in the case, together with the appearance recognizance or peace bond 
so taken by said magistrate, and the certificates showing the legal qualifica- 
tion of the sureties thereon ; and the clerk shall keep a record, in a book 
to be provided by the county supervisor of said county for said purpose, 
of each warrant, recognizance and bond so received, showing the date of filing, 
the charge in said warrant, the amount of the recognizance or bond, and the 
names of the sureties thereon, and said clerk shall, within two days after the 
receipt of each warrant, recognizance and bond, deliver the same to the 
solicitor of the circuit; provided, further, that in Sumter County each magis- 
trate shall number each warrant at the time signed by him and enter same 
in his criminal docket, and every such magistrate Avho shall admit to bail any 
person in cases beyond the trial jurisdiction of the magistrate's court, shall, 
within ten (10) days thereafter, file in the office of the clerk of court of 
said county the warrant in the case, and the recognizance or bond so taken 
by said magistrate; and said clerk shall keep a record in a book to be pro- 
vided by the county for said purpose, of the date of such filing, the charge 
alleged in each warrant, the amount of the bond, and the names of the sure- 
ties thereon ; and said clerk of court shall deliver all such papers pertaining 
to the court of general sessions to the solicitor of the circuit within tAventy 
(20) days before the ensuing term of said court, or unless sooner requested 
by the solicitor, and he shall return all such papers so delivered to him by 
said clerk, other than those passed upon by the grand jury of Sumter County, 
within twenty (20) days after the adjournment of the court following the 
delivery of such papers, together with a Avritten statement or notation thereon, 
or accompanying said papers, showing the action taken in such cases, provided, 
that any magistrate of Sumter County may recall any papers so filed by him 
for the purpose of holding preliminary hearing, or for any other purpose 



§ 943 1946 Supplement 22 

authorized by law, and his proceedings in each such case shall be entered by 
him in his magistrate's docket as provided in section 3717. 

1944 (43) 1291; 1946 (44) 1510. 

1946 p 1510 changed punctuation and added last 2 provisos. Above § 943 replaces 
§ 943, 1942 Code, and 1944 Supplement. 

§ 944. Return papers pertaining to general sessions and report to clerk of 
court on cases — time. 

See this section in 1944 Supplement. 

§ 952. Jurisdiction of municipal courts. 

A recognizance bond given on appeal and the granting of a new trial and the 

from a conviction, for appearance in the sureties are liable if he fails so to ap- 

appellate court, is generally held to re- pear. Town of Mayesville v. McCutch- 

quire the defendant to appear in the trial eion, 1944, 205 S. C. 241, 31 S. E. 2d 390. 
court after the reversal of its judgment 

§ 972-2. Judge — appointment — term — salary — oath. 
See this section in 1944 Supplement. 

§ 972-6. Election — term — jurisdiction. 

See this section in 1944 Supplement. 

§ 973. Grand jury — drawing. 

See this section in 1944 Supplement. 

§ 1002. Right to challenge. 

See this section in 1944 Supplement. 

§ 1003. What indictment shall be sufficient. 

Applied. State v. Fisher, 1945, 206 S. 1945, 206 S. C. 520, 34 S. E. 2d 767. 
C. 220, 33 S. E. 2d 495; State v. Eskew, 

§ 1004. How defects in indictments may be objected to. 

Applied. State v. Eskew, 1945, 206 S. C. 520, 34 S. E. 2d 767. 

§ 1031. Appeal to stay execution of sentence — bail. 

See this section in 1944 Supplement. 

§ 1038-5. The South Carolina probation, parole and pardon board — pay- 
term — appointment — vacancy. — The South Carolina probation, parole and 
pardon board sliall consist of one member from each congressional district of 
the State, and thej^ shall serve without salary but shall receive actual traveling 
expenses and ten ($10.00) dollars per day while in the performance of their 
official duties. The terms of office of the members of said board shall be for 
a period of four (4) years and until their respective successors are appointed 
and qualified. The members of said board shall be appointed by the Governor 
with the advice and consent of the Senate. All vacancies occurring among 
the members of said board shall be filled as soon as practicable by the Gov- 
ernor by appointment with the advice and consent of the Senate for the 
unexpired term. The said board shall elect annually between January 15th 
and January 30tli a chairman from its members. The regular term of office 



23 Code of Laws of South Carolina § 1038-8 

of the initial appointees shall begin to run from the date of their confirmation 
by the Senate. In the event of a vacancy occurring during a recess of the 
Senate, the Governor is authorized to fill such vacancy by appointment for 
the unexpired term pending the convening of the Senate and action by it 
upon such appointment. 

1946 (44) 1516. 

This section amended by 1946 p 1516. Above section replaces said section in 1942 
Code. 

See § 1038-17 this supplement for duties and powers of board of pardons devolved 
on board of probation, parole and pardon. 

§ 1038-6. Supervisor of probation — supervisor of parole — assistants. — The 
South Carolina probation, parole and pardon board is hereby authorized and 
empoAvered to appoint a supervisor of probation and a supervisor of parole 
who shall serve as its executive secretaries and shall each receive a salary of not 
less than three thousand six hundred ($3,600.00) dollars nor more than four 
thousand ($4,000.00) dollars, payable semi-annually. They shall also be paid 
traveling and other necessary expenses in the performance of their official 
duties and who shall give their entire time to the work. "When the 
necessity of the service requires, it shall appoint one or more assistants 
and fix their salaries. The persons appointed as supervisor of probation and 
parole shall be qualified by academic preparation equivalent to that repre- 
sented by graduation from an institution of recognized standing, or (2) by 
skill and any equivalent combination of training and experience. 

1946 (44) 1516. 

This section amended by 1946 p 1516. Above section replaces said section in 1942 
Code. 

§ 1038-7. Supervisors — appoint probation officers and clerical help — duties 
and powers. — The supervisor of probation and supervisor of parole shall 
appoint, subject to the approval of the South Carolina board of probation, 
parole and pardon, such probation oificers as are required for service in the 
State, and such clerical assistance as may be necessary. 

The supervisor of probation and supervisor of parole shall direct the work 
of the probation officers appointed under §§ 1038-1 thru 1038-16. They shall 
consult and co-operate with the courts and institutions in the development of 
methods and procedure in the administration of probation and parole ; and 
shall arrange conference of probation officers and judges. They shall make 
an annual written report with statistical and other information to the South 
Carolina probation, parole and pardon board and the Governor. 

1946 (44) 1516. 

This section amended by 1946 p 1516. Above section replaces said section in 1942 
Code. 

§ 1038-8. Probation officers — work under supervisors — salaries — expenses — 
oath. — Probation officers appointed under §§ 1038-1 thru 1038-16 shall be 
assigned to serve in such courts or districts or otherwise as supervisor of 
probation and supervisor of parole may determine. They shall be paid sala- 
ries, to be fixed by the South Carolina board of probation, parole and pardon 
not to exceed two thousand one hundred ($2,100.00) dollars per annum, pay- 



§ 1038-8 1946 Supplement 24 

able semi-monthly, and shall also be paid traveling and other necessary ex- 
penses incurred in the performance of their official duties as probation of- 
ficers when such expense accounts have been authorized and approved by 
the supervisor of probation and supervisor of parole. Each person appointed 
as a probation officer shall take an oath of office as required by state officers, 
and shall be noted of record by the clerk of court. 

1946 (44) 1516. 

This section amended by 1946 p 1516. Above section replaces said section in 1942 
Code. 

§ 1038-9. Probation officers — duties and powers. — A probation officer shall 
investigate all cases referred to him for investigation by the judges of the 
courts or by the supervisor of probation and supervisor of parole, and shall 
report in writing thereon. He shall furnish to each person released on pro- 
bation under his supervision a written statement of the conditions of proba- 
tion and shall instruct him regarding the same. Such officer shall keep in- 
formed concerning the conduct and condition of each person on probation 
or parole under his supervision by visiting, requiring reports, and in other 
ways, and shall report thereon in writing as often as the court or supervisor 
of probation and supervisor of parole may require. Such officer shall use all 
practicable and suitable methods, not inconsistent with the conditions imposed 
by the court or the supervisor of probation and supervisor of parole, to aid 
and encourage persons on probation or parole to bring about improvement 
in their conduct and condition. Such officer shall keep detailed records of 
his work; shall make such reports in writing to the supervisor of probation 
and supervisor of parole as they may require ; and shall perform such other 
duties as the supervisor of probation and supervisor of parole may require. 
A probation officer shall have, in the execution of his duties, the powers of 
arrest and to the extent necessary for the performance of his duties the 
same right to execute process as is now given, or that may hereafter be given 
by law, to the sheriffs of this State. In the performance of his duties of 
probation and parole investigation and supervision he shall be regarded as 
the official representative of the court and the South Carolina board of pro- 
bation, parole and pardon. 

1946 (44) 1516. 

This section amended by 1946 p 1516. Above section replaces said section in 1942 
Code. 

§ 1038-10. Cases board act on. — In all cases cognizable of §§ 1038-1 thru 
1038-16, the South Carolina probation, parole and pardon board, with the 
approval of the Governor, may upon ten days' Avritten notice to the solicitor 
and judge who participated in the trial of the prisoner, parole any prisoner 
convicted of a felony and imprisoned in the state penitentiary, in any jail 
or upon the public works of any county, who if sentenced for less than life, 
shall have served at least one-third of the term for which he was sentenced, 
not deducting any allowance of time for good behavior, or who, if sentenced 
for life, shall have served five years less the diminution which would have 
been allowed for good conduct, pursuant to law, had his sentence been for 
thirty years, or who, if he is a first offender and is sentenced for an indeter- 



25 Code of Laws of South Carolina § 1038-11 

minate term, shall have served the minimum for which he was sentenced 
not deducting any allowance for time for good behavior or who, if sentenced 
for more than one year, shall have served one-third of the term for which 
he was sentenced, not deducting any allowance of time for good behavior. 
After a prisoner has served one-third of his sentence, if such sentence exceed 
one year, it is made mandatory that the board review his case, irrespective 
of whether or not any application has been made therefor, for the purpose 
of determining whether or not any such prisoner is entitled to any of the 
benefits provided for in §§ 1038-1 thru 1038-16. 

1946 (44) 1516. 

This section amended by 1946 p 1516. Above section replaces said section in 1942 
Code. 

§ 1038-11. Prisoners parole — conditions — board determine violations — argu- 
ments or appearances^ — effecst of cancelling parole. — The South Carolina pro- 
bation, parole and pardon board is required to carefully consider the record 
of the prisoner, before and after imprisonment, and, no such prisoner shall 
be paroled until it shall appear, to the satisfaction of said board, that the 
prisoner has shown a disposition to reform ; that, in the future, he will prob- 
ably obey the law and lead a correct life; that by his conduct he has merited 
a lessening of the rigors of his imprisonment ; that the interests of society 
will not be impaired thereby ; and that suitable employment has been secured 
for him; and the paroled prisoner, shall as often as may be required, render 
a written report to said board giving such information as may be required 
by the board which shall be approved by the person in whose employment 
the prisoner may be at the time. 

The South Carolina probation, parole and pardon board shall issue an 
order in quadruplicate signed by each member of the board which, if coun- 
tersigned by the Governor (and the acceptance of the prisoner noted thereon 
by his signature) directing the officer, officers or board having the super- 
vision and control of the prisoner to forthwith release the prisoner on parole, 
and the prisoner shall serve the remainder of his term of imprisonment up 
to the maximum, subject to the conditions and restrictions hereinafter im- 
posed. Every such paroled prisoner shall remain in the legal custody of the 
board and may at any time, on the order of the board, be reimprisoned in 
said prison or such other jail or camp as may be designated by the said board. 

The South Carolina probation, parole and pardon board shall be the sole 
judge as to whether or not a parole has been violated and no appeal there- 
from shall be allowed. 

The said board shall permit arguments and appearances by counsel or any 
individual before it in the hearing in any case being considered by it. 

Upon failure of any prisoner released on parole under the provisions of 
§§ 1038-1 thru 1038-16, to do, or refrain from doing, any of the things set 
forth, and required to be done by and under the terms of said parole, the 
said order of parole shall be cancelled, and the prisoner shall thereupon and 
thereafter have the status of an escaped convict; be arrested without a war- 



§ 1038-11 1946 Supplement 26 

rant, and be required to serve the part of the sentence that shall remain un- 
served, and be ineligible to parole thereafter under §§ 1038-1 thru 1038-16. 
1946 (44) 1516. 

This section amended by 1946 p 1516. Above section replaces said section in 1942 
Code. 

§ 1038-13. Public agencies and officials cooperate — supervisors make surveys 
— records of prisoners. — It is hereby made the duty of every city, county or 
state official or department to render all assistance and cooperation within 
his or its fundamental power which may further the objects of §§ 1038-1 
thru 1038-16. The South Carolina probation, parole and pardon board, the 
supervisor of probation and supervisor of parole, and the probation officers 
are authorized to seek the cooperation of such officials and departments, and 
especially of the sheriffs, jailers, magistrates, police officials and institutional 
officers. The supervisor of probation and supervisor of parole are authorized 
to conduct surveys of the state penitentiary, county jails and camps and 
shall obtain such information as will enable the board to intelligently pass 
upon all applications for parole. It shall be the duty of the superintendent of 
the state penitentiary, wardens, jailers, sheriffs, supervisors or such officer 
in whose control a prisoner may be committed, to aid and assist the supervisor 
of probation and supervisor of parole and the probation officers in such 
surveys. 

It shall be the duty of the superintendent of the state penitentiary, where 
the prisoner is confined in the state penitentiary ; or to the sheriff of the 
county, Avhere the prisoner is confined in county jail ; of the county supervisor, 
or the chairman of the governing board of the county; if there be no county 
supervisor, where the prisoner is confined upon the chaingang of any county, 
to keep a record of the industry, habits and deportment of any such prisoner, 
as well as any other information which may have theretofore been requested 
of such officer by the South Carolina probation, parole and pardon board 
or the supervisor of probation and supervisor of parole, and to furnish the 
same upon request of the board or of the supervisors. 

1946 (44) 1516. 

This section amended by 1946 p 1516. Above section replaces said section in 1942 
Code. 

§ 1038-17. Duties and powers of board of pardon devolved on probation, 
parole and pardon board. 

(1) The South Carolina probation, parole and pardon board shall keep a 
complete record of all their proceedings, and hold same subject to the order 
of the Governor, or the General Assembly. 

(2) It shall be the duty of the South Carolina probation, parole and pardon 
board to consider any and all petitions for pardons or commutation of sen- 
tence which may be referred to them by the Governor, and to make their 
recommendations to the Governor regarding same : provided, the Governor 
may or may not adopt such recommendation : but in case he does not, he 
shall submit his reasons to the General Assembly: provided, further, that the 
Governor may act on any petition without reference to said board. 



27 Code of Laws of South Carolina § 1139 

(3) Said board shall hold regular meetings at least four times each year, 
beginning on the first Wednesday of January, April, July and October, respec- 
tively, and as many extra meetings as the Governor may, through the secre- 
tary, order. 

(4) Said board shall have authority to preserve order at its meetings, and 
to punish any disrespect or contempt committed in its presence. A majority 
of said board shall constitute a quorum for the transaction of business, and 
a majority shall rule in all its deliberations. The members of said board 
shall hold no other public office than that of notary public. 

1946 (44) 1516. 

The above provisions come from §§ 3435, 3436, 3437 and 3439, 1942 Code, and 1946 
p 1516. 

§ 1039-2A. Recorders of municipalities over 34,000 and under 50,000 suspend 
sentences. 

See this section in 1944 Supplement. 

§ 1101. Murder defined. 

Self defense. State v. Hewitt et al. Malice. State v. Judge, 1946, S. 

1944, 205 S. C. 207, 31 S. E. 2d 257; State C , 38 S. E. 2d 715. 

V. Amburgey, 1945, 206 S. C. 426, 34 S. Confession. State v. Judge, 1946, 

E. 2d 779; State v. Judge, 1946, S. S. C , 38 S. E. 2d 715. 

C , 38 S. E. 2d 715; State v. Scott, See generally, State v. McLaughlin, 

1946, S. C , 38 S. E. 2d 902; 1946, S. C , 38 S. E. 2d 492; 

State v. Simmons, 1946, S. C , State v. Warren, 1945, 207 S. C. 126, 35 

38 S. E. 2d 705. S. E. 2d 38; State v. Hewitt et al., 1945, 

Aforethought. State v. Judge, 1946, 206 S. C. 409, 34 S. E. 2d 764. 
S. C , 38 S. E. 2d 715. 

§ 1102. Punishment for murder. 

"Guilty" as "convicted." South Caro- Breeland, 1946, S. C , 38 S. E. 

lina State Board of Dental Examiners v. 2d 644, 

§ 1109. Rape. 

Insanity as defense. State v. Gatlin, accused in a rape case is not required. 

1946, S. C , 38 S. E. 2d 238. State v. Gatlin, 1946, S. C , 38 

Corroboration of the testimony of the S. E. 2d 238. 
prosecutrix to establish the guilt of the 

§ 1111. Carnal knowledge of woman child — age of consent — special verdicts. 

See generally, State v. Gilstrap, 1944, 205 S. C. 412, 32 S. E. 2d 163. 

§ 1123. Husband fail support wife and children, misdemeanor. 

Not necessary for indictment allege 2d 767. 
wife was dependent on husband. State Jury charge. Id. 

v. Eskew, 1945, 206 S. C. 520, 34 S. E. Sentence. Id. 

§ 1131. Assault, etc., by masked person. 

See this section in 1944 Supplement. 

§ 1139. Housebreaking which is not burglary — felony. — Every person who 
shall break and enter or who shall break with intent to enter, in the daytime, 
any dwelling house or other house, or who shall break and enter, or shall 
break with intent to enter, in the nighttime, any house, the breaking and en- 
tering of which would not constitute burglary, with intent to commit a felony 



§ 1139 1946 Supplement 28 

or other crime of a lesser grade, shall be held guilty of a felony, and punish- 
able at the discretion of the court by imprisonment in the county jail or peni- 
tentiary for a term not exceeding five years. 

1946 (44) 1414. 

1946 p 1414 changed punctuation slightly and increase maximum penalty from 1 
year to 5 years. Above section replaces § 1139, 1942 Code. 

§ 1161. Receivingf stolen goods misdemeanor. 

Receiving stolen goods. State v. At- kins, 1944, 205 S. C. 450, 32 S. E. 2d 372. 

§ 1209-1. Felony steal any wheel or any tire or tube made from rubber or 
substitute of any motor driven vehicle — penalties. 
See this section in 1944 Supplement. 

§ 1209-2. Penalties receive knowingly any such articles. 

See this section in 1944 Supplement. 

§ 1301-1. Unlawful to keep or operate vending or slot machines, punch 
board, etc., pertaining to game of chance. 

Pinball machines are "gambling de- chine is a violation in itself. State v. 

vices" subject to destruction by the State. Apply, 1945, 207 S. C. 284, 35 S. E. 2d 835. 

State V. Appley, 1945, 204 S. C. 284, 35 Objectionable machine in interstate 

S. E. 2d 835. commerce. Id. 

The keeping of an objectionable ma- 

§ 1316-1. Use, discharge, sale and gift of fireworks, counties over 53,000 and 
less than 60,000. 

(1) Not use or shoot certain fireworks except in licensed displays. — In all 
counties in this State having a population of more than 53,000 and less than 
60,000, according to the 16th census of the United States of America, 1940, 
as published by the United States department of commerce, it shall be un- 
lawful to use, fire, shoot, discharge, sell, offer for sale, exchange or give away 
any fireworks other than Roman candles, except for use in a display or exhibit 
under the provisions of subsection 2 of this section. 

(2) License fireworks display or exhibit. — Any person, firm or corporation 
desiring to obtain a license for a fireworks display or exhibit shall make 
application therefor to the governing body of the municipality, if such display 
or exhibit is proposed to be held within the limits of any municipality in said 
counties, or to the county supervisor of the county in which such display or 
exhibit is proposed to be held, if it is not to be held within the limits of any 
municipality, and the governing body of the municipality or the county su- 
pervisor, as the case may be, may, in their discretion, grant or refuse to grant 
the license applied for, or may grant the same, subject to such restrictions 
and limitations as they may, in their discretion, deem to be in the interest of 
public safety in connection with such display or exhibit. 

(3) Penalties. — Any person violating the provisions of this section shall 
be guilty of a misdemeanor and punished by a fine of not exceeding one 
hundred ($100.00) dollars or imprisonment not exceeding thirty (30) days. 

1945 (44) 304. 



29 Code of Laws of South Carolina § 1417 

§ 1329-1. Tell fortune or predict future events as a business unlawful. — It 

shall be unlawful to engage in the business, trade or profession of fortune 
telling, palmistry, phrenology, clairvoyance, or the prediction of future events 
by cards or other means, or to offer to tell fortunes, or predict future events 
by palmistry, astrology, clairvoyance, cards or other means as an inducement 
to promote some other business, trade or profession. 

Any person, firm or corporation violating the provisions of this section 
shall be guilty of a misdemeanor and upon conviction shall be subject to a 
fine of not less than twenty-five ($25.00) dollars nor more than one hundred 
($100.00) dollars or imprisonment for not less than fifteen (15) nor more than 
thirty (30) days. 

1945 (44) 61. 

§ 1395-1. Communicate anonymously to woman or woman childi obscene, pro- 
fane, etc., message misdemeanor — penalties. 

See this section in 1944 Supplement. 

§ 1396-3. Operation of nicolodeons, piccolos and other mechanical or auto- 
matic music machines, Darlin^on County. 

See this section in 1944 Supplement. 

§ 1396-4. Operation or maintenance of dance halls in unincorporated com- 
munities. 

See this section in 1944 Supplement. 

§ 1396-5. Separate offense defined — license dance halls, Aiken, Bamberg, 
Barnwell, Berkeley, Charleston, Colleton, Darlington, Florence, Georgetown, 
Jasper, Lexington, Newberry, Orangeburg and Sumter Counties — penalties. 

See this section in 1944 Supplement. 

§ 1396-6. Penalties. 

See this section in 1944 Supplement. 
§ 1406. Bribery to procure office. 

See this section in 1944 Supplement. 
§ 1407. Penalty for accepting bribes. 

See this section in 1944 Supplement. 

§ 1413. Voting more than once at elections. 

See this section in 1944 Supplement. 
§ 1414. Bribery at elections. 

See this section in 1944 Supplement. 

§ 1416. Misdemeanor to obtain votes by bribe or threat. — Repealed hy 194i 
Acts and Joint Resolutions (1^3 Statutes at Large) pages 2268 and 2269. 

§ 1417. Candidates to make pledge^ — form — failure nullifies election — viola- 
tion a misdemeanor. — Repealed hy 1944- -^cts and Joint Resolutions (J^S Statutes 
at Large) pages 2268 and 2269. 



§ 1418 1946 Supplement 30 

§ 1418. Drinkdng- within one mile of voting precinct unlawful. 

See this section in 1944 Supplement. 

§ 1419. Abusing voters, etc. 

See this section in 1944 Supplement. 

§ 1422. Impersonation of voter — arrest. 

See this section in 1944 Supplement. 

§ 1423. Perjury to swear falsely, etc., by voter — fraudulent actions in party 
primaries. — Repealed by 194i -^ds and Joint Resohdions (43 Statutes at Large) 
pages £368 and 2269. 

§ 1424. Punishment of managers at primary election for violating duties, 
etc. — Repealed by 1944 ^cfs and Joint Resolutions (43 Statutes at Large) pages 
2268 and 2269. 

§ 1447. Lewdness, assignation and prostitution and certain acts relating 
thereto unlawful — bawdy houses. 

See this section in 1944 Supplement. 

§ 1448. Further acts relating to prostitution unlawful. 

See this section in 1944 Supplement. 

§ 1449. Penalties. 

See this section in 1944 Supplement. 

§ 1516. No municipal officer may contract with municipality — violation a 
misdemeanor. 

1946 p 1418 provides for municipal officer contract with municipality to render 
services or furnish materials when contract awarded on low public bid basis — see 
§ 7242, 1946 Supplement. 

§ 1616. Use of highways by drivers and pedestrians — traffic on highways — 
certain crimes in use and operation of vehicles defined — driving practices — 
report accidents — enforcement — penalties. 

The burden of proving the necessity or road is an offense per se if injury or death 

excuse of stopping on the main traveled results. State v. Brown, 1945, 205 S. C. 

portion of the highway, or the practica- 514, 32 S. E. 2d 825. 

bility of moving off such portion of the One who uses an automobile on the 

highway is upon him who makes such highways without due care and caution 

stop. Ayers v. Atlantic Greyhound Cor- (which is but negligence), and in violation 

poration et al., 1946, S. C , 38 of the statutes of the State, or the ordi- 

S. E. 2d 737. nances of a town or city, and thereby 

As to speed see generally Malone v. causes the death of a person, is guilty of 

Suburban Transit Co., 1946, 64 F. Supp. manslaughter. State v. Brown, 1945, 205 

859. S. C. 514, 32 S. E. 2d 825. 

Driving on the left of the center of the 

§ 1619. Inspect brakes, horns, lighting equipment, and steering mechanism 
of private passenger motor vehicles. 
See this section in 1944 Supplement. 

§ 1620. Inspection of motor vehicles under §§ 1619 and 1623 suspended. 

See this section in 1944 Supplement. 



31 Code of Laws of South Carolina § 1626-3 

§ 1623. Equipment, size and weight limitations of motor vehicles except pri- 
vate passenger motor vehicles and equipment of other vehicles on the highways 
of this State — liability in certain cases of illegal operations — use of highways. 

(30) Height and length of vehicles. 

(b) No vehicle shall exceed a length of 40 feet extreme overall dimensions, 
inclusive of front and rear bumpers. 

(c) No combination of vehicles coupled together shall consist of more than 
two units and no such combination of vehicles shall exceed a total length 
of 50 feet. 

(34) Gross weights of vehicles and loads. — 

(a) _ 

2. Subject to the limitations prescribed in subsection 33 of this article the 
gross weight of any vehicle shall not exceed 32,000 pounds, provided that a 
vehicle of three or more axles as defined herein shall not exceed 40,000 
pounds. 

3. Subject to the limitations prescribed in subsection 33 of this article the 
gross weight of any combination of vehicles shall not exceed 50,000 pounds. 

1945 (44) 197. 

1945 p 197 substituted 35 for 40 in 30b, 50 for 45 in 30c, 32,000 for 25,000 and 
added proviso in 34a2, and 50,000 for 40,000 in 34a3. 

See this section in 1944 Supplement. 

This section was not intended to alter state highways. Hall v. Burg, 1945, 206 

vehicle-parking ordinances of the munici- S. C. 173, 33 S. E. 2d 401. 
palities, or to impinge upon the longstand- Parking. Flowers v. South Carolina 

ing power of a municipality to legislate State Highway Department, 1945, 206 S. 

upon that subject with respect to streets C. 454, 34 S. E. 2d 769. 
within its corporate limits which are not 

§ 1626-3. School buses — equipment — use — operation — inspection — duties and 
powers of drivers. — * * * 

(2) Color — ^words paint on — dual wheels. — Each and every school bus while 
being used in the transportation of school pupils, shall be substantially painted 
with high visibility yellow paint, conforming and similar to National School 
Bus chrome yellow and shall display on the extreme rear end and sides of 
such bus body, painted in black letters not less than eight (8") inches in 
height and five (5") inches in width with a stroke of not less than one (1") 
inch in thickness or width, the following words and letters and no others : 
'SCHOOL BUS— STOP— S. C. LAW.' Provided, passenger cars used for 
transportation of members of the owner's family and, incidentally, others for 
hire, may not be required to carry the lettering provided for by this subsec- 
tion. County boards of education may at their discretion require that all 
replacement or new buses, placed in service in their respective counties 
shall be equipped with dual wheels. Provided, further, that all school buses 
now in operation and painted an orange color shall continue operation with 
the present color until such time as they are replaced or repainted, in which 
cases the replacement or repainted buses shall conform with the above. 

1946 (44) 2583. 

1946 p 2583 changed the color, punctuation, and added last proviso to subsection 2. 
Said subsection 2 replaces said subsection in 1942 Code. 



§ 1612-3 1946 Supplement 32 

(13) Not use alcoholic liquors or smoke in bus — conduct of children — 
duties and powers of driver. — The driver must be an experienced driver, of 
good moral habits, and neither he nor any pupil or any other person shall use 
alcoholic liquors or smoke any cigar, cigarette, pipe, tobacco or other sub- 
stance in such vehicle during the time he is operating the same as a school 
bus. He shall also cooperate with the teachers in their work in the school 
to which he is transporting pupils, that is, by being on time in the mornings 
and waiting in the afternoons until all his pupils are dismissed by the school 
faculty and safely aboard his bus. He is further directed to take particular 
notice along his route in the mornings and to give any and all pupils within 
sight a reasonable time in which to board his bus. The driver shall be held 
responsible for the conduct of the children while riding in the bus and shall 
report to the governing head of the school to or from which the pupils are 
transported, and he shall have authority to suspend, with the approval of 
the principal or superintendent, a pupil or pupils from riding the bus driven 
by him for misconduct beyond his reasonable control. Provided, however, 
that he shall not suspend any pupil from riding his bus for more than one 
week for the first offense ; not more than two weeks for a second offense, 
and not more than three weeks for a third offense. If, after a third offense, 
a pupil persists in uncontrollable conduct while riding a school bus to and 
from a school to which he is being transported, he shall then be suspended 
from riding such bus for the remainder of the school session then in progress. 

(13a) Post in each school bus 2 copies of subsection 13. — The trustees of 
the various school districts in this State are hereby directed to cause to be 
posted in each school bus operating within their District at least two copies 
of subsection 13, and the superintendent of education of this State is hereby 
directed to furnish a sufficient number of copies of subsection 13 to the 
various school districts to the end that the provisions of this subsection may 
be complied with. 

1946 (44) 1341. 

1946 p 1341 further provides in subsection 13 for the duties and powers of school bus 
drivers and for suspension of pupils misbehaving on bus, and also added subsection 13a. 

§ 1638. Driver of motor vehicles striking any person or vehicle to stop and 
render assistance. 

See this section in 1944 Supplement. 

§ 1691. Operation of motor vehicles on Horry County beaches diuring June, 
July and August restricted. — It shall be unlawful to drive any motor vehicles 
during the months of June, July and August, upon the strand or beach in 
Horry County, at a greater speed than fifteen (15) miles an hour, under any 
circumstances. And in case of congested conditions on the beaches, the driver 
of such motor vehicle shall reduce the minimum speed so as to not endanger 
the lives of the public using the same at the following places, to wit : between 
high and low water mark of the Atlantic Ocean, starting at Cherry Grove 
Beach and extending through and ending at the edge of Windy Hill Beach. 



33 Code of Laws of South Carolina § 1767 

The county board of commissioners of Horry County shall post notices in 
prominent places, at or near the strand or beaches, in the places above referred 
to, specifying the maximum speed allowed. 

Any person violating paragraph 1 of this section shall be deemed guilty of 
a misdemeanor, and upon conviction, shall be punished by a fine of not less 
than twenty-five ($25.00) dollars, nor more than fifty ($50.00) dollars, or im- 
prisonment not exceeding ten (10) days. 

1946 (44) 1478. 

§ 1735-1. Not employ regular employees or permit regular employees work 
in or about textile manufacturing, finishing, dyeing, printing and processing 
plant on Sunday — exception — pay when work. 

See this section in 1944 Supplement. 

§ 1735-2. Employment of children or women on Sunday in mercantile or 
manufacturing establishments. 

See this section in 1944 Supplement. 

§ 1737-1. Exhibit publicly during Sunday motion pictures, athletic sports 
and musical concerts in counties with army forts, naval or marine bases — 
hours — duration. 

See this section in 1944 Supplement. 

§ 1752. County game wardens — appointment — removal — ^vacancy. 

See this section in 1944 Supplement. 

§ 1759-1. Members of armed forces and honorably dischargees therefrom of 
World War 2 for 3 months thereafter not required to purchase hunting or 
fishing licenses. — Any citizen of the State of South Carolina, man or woman, 
now serving in the armed forces, or any citizen who has, or may hereafter 
be honorably discharged from serving in the armed forces of World War 
No. 2, and for three months thereafter, shall not be required to purchase a 
hunting or fishing license in South Carolina, as now required by law. 
1945 (44) 235. 

§ 1760-1. Persons 65 years of age and residents for 3 years secure license 
hunt and fish without cost — youths under 14 years of age do not need hunting 
licenses. 

See this section in 1944 Supplement. 

§ 1761. Game and fish on lands acquiredi by United States or by State from 
United States and lands under control state commissioner of forestry. 

See this section in 1944 Supplement. 

§ 1766-1. Fish and game department contract with owners of Lake Lanier 
for protection and propagation of game and fish on such property and regulate 
fishing and hunting therein. 

See this section in 1944 Supplement. 

§ 1767. License fish in fresh waters with fly rod, casting rod, artificial bait, 
etc. 

See this section in 1944 Supplement. 



§ 1772 1946 Supplement 34 

§ 1772. Use of nets, seines, fences and traps. — (a) It shall be unlawful at 
any time during the year to stretch any staked nets, seines, wire fences or 
traps more than half way across the river or streams, or to use any seines in 
any of the lakes of this State, except where such basins or lakes lie wholly 
within limits of private property of this State. 

(b) Between the first day of April and the first day of September, both 
days inclusive, of any year, it shall be unlawful for any person to set, place 
or use any fish nets, seines, or traps in any of the lakes or clear water streams 
or their tributaries in game zone No. 5 in this State, for the purpose of catch- 
ing or taking fish of any kind from said waters : provided, however, the pro- 
visions of this subsection (b) shall not be construed to prohibit the use of any 
nets or seines used exclusively for the purpose of catching shad fish in accord- 
ance with the regulations of the state board of fisheries. Any person having 
in his possession or under his control any fish nets, seines or traps prepared, 
or partially prepared, in the waters, in boats, or on the banks of said lakes 
or clear water streams, or their tributaries, which may be used contrary 
to the provisions of this subsection, shall constitute prima facie evidence of 
the fact that such net, seine or trap has been used in violation of this sub- 
section. 

(c) Any person violating this section shall be deemed guilty of a misde- 
meanor, and be imprisoned for not more than six months, or be fined not 
more than one hundred dollars, or both fine and imprisonment, at the dis- 
cretion of the court. 

1945 (44) 263. 

1945 p 263 rearranged this section and added paragraph b. Above section replaces 
§1772, 1942 Code. 

§ 1776-1. Contract to promote better utilization of fisheries, marine, shell 
and anadromous of Atlantic Seaboard — Atlantic States marine fisheries com- 
mission. 

See this section in 1944 Supplement. 

§ 1778. Hunting licenses. 

(1) Persons to procure — fees — disposition of fees.— It shall be unlawful 
for anyone to hunt within this State without first procuring a license to do 
so from the deputy game warden in the county in which he may propose to 
hunt, or an adjoining county of this State. A resident of any county shall 
pay for a county license a license fee of one and 10/100 ($1.10) dollars; a 
resident shall pay a license fee to hunt in any county of three and 10/100 
($3.10) dollars; except landowners and members of their families hunting or 
fishing on their own lands, or in waters on their lands leased by tliem. Every 
nonresident of the State shall pay a hunter's license fee of fifteen and 25/100 
($15.25) dollars during any one season : provided, any employee residing in 
this State may fish or hunt on the lands of his employer oAvning or leasing 
the land by the written permission of the person so owning or leasing, or his 
superintendent, with the same privilege as said owner or person leasing 
may enjoy: provided, further, that all sums of money collected from the 



35 Code of Laws of South Carolina § 1781 

sale of said licenses shall be transmitted to the state treasurer and placed to 
the credit of the game protection fund : and provided, further, that the pro- 
visions of this section shall not prevent residents of the State from hunting 
without license on their own lands in any county of the State : and provided, 
further, that for Saluda County, the chief game warden of South Carolina is 
hereby required to issue hunting license certificates to show from what school 
district they were purchased, and the proceeds derived from the state and 
county licenses shall go back to the school district where the said purchasers 
reside, to be used for school purposes. The county game warden of Saluda 
County shall be required to list the names and the number of state and county 
licenses and to turn said list over to the county treasurer. 

1946 (44) 2579. 

1946 p 2579 changed nonresident on line 6 to resident, eliminated provision for 
temporary nonresident license and change him to them on line 9. Above subsection 1 
replaces said subsection in 1942 Code. 

See this section in 1944 Supplement. 

§ 1778-1. Material use make up hunting licenses. 

See this section in 1944 Supplement. 

§ 1781. Seasons hunt domestic game birds and animals. 

(1) The open season for hunting domestic game birds and animals in South 
Carolina shall be from Thanksgiving Day to March 1st, inclusive, except that 
deer (bucks only) may be hunted from August 15th to January 1st, inclu- 
sively; provided, that in the County of Horry deer (bucks only) may be 
hunted from September 1st to January 1st, inclusively, and raccoon and o 'pos- 
sums may be hunted from September 1st to March 1st ; provided, between 
September 1st and Thanksgiving Day rabbits may be hunted without firearms, 
and squirrels may be hunted without dogs. The trapping or snaring of quail 
or wild turkeys is absolutely prohibited, except as provided for scientific or 
propagating purposes ; provided, that the bag limit for quail and partridge 
shall be fifteen per day to the hunter : provided, that the bag limit for wild 
turkeys shall be two per day and a total of twenty per season to the hunter, 
but no wild turkey shall at any time be shot from any natural or artificial blind 
or hiding place when lured by bait. The open season for hunting male wild tur- 
keys (gobblers) in South Carolina shall be from the day before Thanksgiving 
to March 1st, inclusive, and it shall be unlawful to hunt or kill female wild tur- 
keys (hens) at any time : provided that in Berkeley County, the open season 
for hunting male wild turkeys (gobblers) shall be from the day before Thanks- 
giving to April 1st, following, inclusive. Any person in South Carolina found 
guilty of killing a doe deer, or a wild turkey hen shall pay a fine of not less 
than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars, 
or serve a term not exceeding thirty (30) daj^s. 

1945 (44) 110, 330. 

1945 p 330 added provision in first proviso relating to hunting of deer in Horry 
County and the last sentence in subsection 1. 1945 p 110 added the proviso relating 
to the hunting of male wild turkeys in Berkeley County. Above subsection 1 replaces 
said subsection in 1942 Code. 

See this section in 1944 Supplement. 



§ 1782 1946 Supplement 36 

§ 1782. Faxes — seasons hunt and kill — sale — shipment. 

See this section in 1944 Supplement. 
§ 1784-3. Set, sell or use steel trap misdemeanor — exceptions. 

See this section in 1944 Supplement. 

§ 1785. Night hunting — forfeitures. 

See this section in 1944 Supplement. 

§ 1788-5. Lands of Brookgreen Gardens game sanctuary — hunting and 
fishing. 

See this section in 1944 Supplement. 

Game Zone 4 (Cherokee, Chester, Fairfield, Lancaster, Spartanburg, Union 
and York Counties.) 

§ 1792-2. Doves. 

See this section in 1944 Supplement. 

Game Zone 6 (Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Charles- 
ton, Colleton, Dorchester, Georgetown, Hampton, Jasper, Orangeburg and 
Williamsburg Counties.) 

§ 1794-1. Season hunt doves. 

See this section in 1944 Supplement. 

§ 1795. Game warden, Abbeville County — nomination. — Repealed hy 19^ Acts 
and Joint Resolutions (43 Statutes at Large) pages 2'B41 and 224^. 

§ 1796. Game warden, Aiken County — term. 

See this section in 1944 Supplement. 

§ 1796-1. Hunt and kill foxes anytime, Aiken County. 

(1) Authorized. — It shall be lawful to hunt and kill foxes in the County 
of Aiken by any means or manner and during all seasons of the year : provided, 
no steel traps shall be set or used for the purpose of catching and/or killing 
foxes. 

(2) Pay bounty for each fox killed. — The county board of commissioners 
of Aiken County is authorized and directed to pay a bounty of two ($2.00) 
dollars for each and every fox killed in Aiken County. Any person claiming 
such bounty shall first deliver to a magistrate of Aiken County the two front 
feet of any fox so killed, and said magistrate shall issue to any such claimant 
a receipt for the said feet which receipt shall be submitted to said county 
board of commissioners in support of any claim so made before the same shall 
be approved for payment. 

(3) Payment of claims. — All claims approved for payment under the terms 
of this section shall be paid out of the fund provided for said purpose in the 
county supply act of Aiken County, or out of such fund as may be approved 
by the Aiken County legislative delegation. 

1946 (44) 1315, 1404. 



37 Code of Laws of South Carolina § 1807-3 

§ 1797. The Broadaway Lake commission, Anderson County. — * * * 

(13) Fishing- in streams supplying- water to lake and waters of lake — 
penalties. — It shall be unlawful for any person to catch fish or attempt to 
catch fish in any of the streams in said county which supply water to said 
lake in any manner other than by line and hook, pole, line and hook, rod, reel, 
line and hook. And it shall be unlawful for any person in catching or in at- 
tempting to catch fish from the waters of said Broadaway lake to use any 
electric light or other artificial light for the purpose of luring fish to any par- 
ticular spot either directly or indirectly by bugs, fiies or other insects being 
attracted to such light and falling into the waters of said lake. Any person 
violating the provisions of this subdivision shall be punished as provided in 
subdivision (23) of this section. 

1945 (44) 301. 

(23) Penalties. — Any person violating any of the provisions of this section, 
or violating any of the rules and regulations prescribed under the provisions 
of this section or prescribed under the provisions of any other act relative 
to said Broadaway lake shall be deemed guilty of a misdemeanor and, upon 
conviction, be punished within the discretion of the court by a fine of not 
exceeding one hundred ($100.00) dollars or imprisonment not exceeding thirty 
(30) days. In the event of such violation, each day of such violation shall be 
considered a separate offense. 

1945 (44) 301. 

1945 p 301 added last 2 sentences to subsection 13 and broadened subsection 23. 

§ 1803. — Game wardens, Chesterfield and Lexington Counties — election — 
vacancies. — Repealed hy 1944 ^cis and Joint Resolutions (43 Statutes at Large) 
page 2254. 

§ 1804. Bag- limit for g-ame fish, Black River, Clarendon County. 

See this section in 1944 Supplement. 

§ 1807. Game warden, Dillon County — term. 

See this section in 1944 Supplement. 

§ 1807-1. Use of nets, seines or traps catch fish, Dillon and Marion Counties. 

— Repealed hy 194-5 Acts and Joint Resolutions (44 Statutes at Large) page 263. 

§ 1807-2. Fishing in certain waters, Florence, Georgetown and Horry Coun- 
ties. — Repealed hy 1945 Acts and Joint Resolutions (44 Statutes at Large) page 
263. 

§ 1807-3. Operation of boats in Little Pee Dee River, Dillon County. 

(1) Register boats with game warden. — Every one possessing a boat of any 
type customarily kept in Dillon County, that is operated in the Little Pee Dee 
River within the bounds of Dillon County, be required to register such boat, 
or boats, with the county game warden within thirty days after May 7, 1946. 

(2) Display registration number on boat. — The oAvner of such boat or boats 
shall display the registration number assigned by the county game warden 



§ 1817-3 1946 Supplement 38 

on each side of the bow and on the stern of each boat, these numbers to be not 
less then four (4") inches in length, and kept legible. 

(3) Registration fee. — For each boat registered, the owner shall pay a fee 
of one ($1.00) dollar per calendar year, which shall be retained by the county 
game warden to augment his salary. 

(4) Operation of registered boat without owner's consent. — The operation 
of any registered boat without the consent of the owner shall be prima facie 
evidence of illegal possession. 

(5) Penalties. — Violation of any of the provisions of this section shall be 
punishable by fine, not to exceed one hundred ($100.00) dollars, or less than 
twenty-five ($25.00) dollars, or imprisonment, not to exceed thirty (30) days, 
or not less than ten (10) days. 

1945 (44) 329. 

§ 1808. Fishing in Bridge Lake, Dorchester Coxmty. 

See this section in 1944 Supplement. 

§ 1810. Game warden, Fairfield County, nomination — vacancy — term. — Re- 
pealed by 194If Acts and Joint Resolutions (43 Statutes at Large) page 2'27l. 

§ 1813-11. Horry County fish and game commission. (1) Appointment. — 

There shall be created a board to be known as the Horry County fish and 
game commission which shall be composed of seven (7) members, which shall 
reside in the following territory : one from the county at large ; one from 
Conway township ; one from Bucks and Dog Bluff townships ; one from Galli- 
vant 's Ferry and Bayboro townships; one from Floyds and Green Sea town- 
ships ; one from Simpson Creek and Little River townships, and one from Dog- 
wood Neck and Socastee townships, Avho shall be appointed by the senator 
and a majority of the Horry County legislative delegation. 

(2) Terms — officers — vacancy. — One of said commissioners shall serve for a 
term of one year ; three for a term of two years, and three for a term of three 
years. When appointed they will meet and draw lots for their terms of office. 
They shall organize by electing one of their members chairman, and one of 
their members secretary. In case of a vacancy, said vacancy shall be filled 
in the manner above provided. 

(3) Duties and powers. — The said commission when so organized shall have 
general supervision over fish and game in Horry County. They shall nominate 
a game warden or wardens for the county by forwarding the name and address 
of said wardens to the Horry County legislative delegation. The delegation, 
if agreeable to said nomination, shall forward the name of the prospective 
warden to the chief game warden for approval. The warden so appointed 
shall devote his entire time to the enforcement of the .fish and game laws. 

(4) Game wardens— salaries. — The Horry County fish and game commission 
shall recommend to the chief game warden the salaries to be paid to the said 
warden or wardens from funds apportioned or allotted to Horry County for 
enforcement of the game and fish laws. 



39 Code of Laavs of South Carolina § 1820-1 

(5) Fish and game seasons, — The said commission shall cooperate with the 
chief game warden in supervision over and regulations and control insofar as 
is consistent with the statutory laws of the State and county the opening and 
closing of all fish and game seasons in Horry County. 

(6) Game wardens — report acts — suspension or discharge^ — vacancy. — It 

shall be the duty of the commission to report to the chief game warden the 
actions of any game warden in Horry County and to recommend suspension or 
discharge of any warden and shall have authority to fill any vacancy thereby 
created in the manner hereinbefore stated. 

(7) Meetings. — The commissioners shall meet at least once each quarter, 
at such time and place as may be designated by the chairman, and shall call 
such special meeting, or meetings, as such emergency may necessitate. 

(8) Compenstion. — The members of said commission shall each receive as 
compensation fifty ($50.00) dollars per annum, payable quarterly by the 
county treasurer of Horry County, out of funds provided for such purpose 
in the county supply bill. 

1946 (44) 1355. 

§ 1814. Game warden, Kershaw County — nomination — appointment — term — 
vacancy — removal. — Repealed hy 1944 -^ds mid Joint Resolutions (43 Stat- 
utes at Large) page 2280. 

§ 1815. Game warden, Lancaster County — nomination. — Repealed by 1944 
Acts and Joint Resolutions (4S Statutes at Large) pages 2250 and 2261. 

§ 1816. Game warden, Laurens County — nomination— term — vacancy. — Re- 
pealed by 1944 Acts and Joint Resolutions (4-3 Statutes at Large) page 2240. 

§ 1817. Game warden, Lee County. 

See this section in 1944 Supplement. 

§ 1818-2. Not hunt with firearms before November first of each year, Lex- 
ington County. 

See this section in 1944 Supplement. 

§ 1820. Game warden, Marion County. — Repealed by 1942 Acts and Joint 
Resolutions (42 Statutes at Large) pages 1506 and 1507. 

§ 1820-1. Waters on each side of highway in Little Pee Dee River Swamp 
at Gallivant 's Ferry fish sanctuary. — There is hereby created and established 
in the streams or waters on each side of the highway in Little Pee Dee River 
Swamp in Marion County near Gallivant 's Ferry, a fish sanctuary. 

It shall be unlawful for any person to fish, seine, net or otherwise enter 
upon or trespass upon the streams of waters lying along and on each side of 
the highway in Little Pee Dee River Swamp in Marion County, near Galli- 
vant 's Ferry: provided, that persons shall be allowed to fish in said waters 
with a hook and line. Any person violating the provisions of this section 



§ 1820-1 1946 Supplement 40 

shall be deemed guilty of a misdemeanor and upon conviction shall be pun- 
ished by a fine of not less than twenty-five ($25.00) dollars nor more than 
one hundred ($100.00) dollars or imprisonment of not less than fifteen nor 
more than thirty days. 

1946 (44) 1318. 

1946 p 1318 added proviso. This section replaces § 1820-1, 1942 Code. 

§ 1822. Game warden, Newberry County. — Repealed hy 1944 ^cis and Joint 
Resolutions (43 Statutes at Large) pages 2302 and 2303. 

§ 1823. Game warden, Orangeburg- County. — The game warden for Orange- 
burg County shall be elected by the qualified electors of the county in each 
general election. 

The term of office of the game warden of Orangeburg County shall be for 
two (2) years and until his successor in office has been elected and qualified, 
and the initial term under this section shall begin November 15th, 1946. 

1946 (44) 1435. 

§ 1826. Game warden. Union County — election — term — etc. 

See this section in 1944 Supplement. 

§ 1827. Season hunt and kill foxes, Williamsburg- County. — Hereafter, it 
shall be lawful to hunt and kill foxes in Williamsburg County at all times. 
1945 (44) 163. 

§ 1827-2. Season shoot squirrels, Williamsburg County. 

See this section in 1944 Supplement. 

§ 1828. Term of game warden, York County. — The term of office of the 
present and all future game wardens of York County shall be for a period of 
four years. 

1945 (44) 14. 
§ 1828, 1942 Code, repealed by 1944 Acts and Joint Resolutions (43 Statutes at Large) 
page 2275. Present section comes from 1945 p 14. § 1828, 1944 Supplement, super- 
seded. 

§ 1828-2. Crows, York County. 

See this section in 1944 Supplement. 

§ 1828-3. Time catch non game fish, York County. — It shall be lawful to catch 
non game fish in York County in seines, baskets, traps, nets, trot lines, set 
hook, rod and reel and by hook and line from Sunday night twelve o'clock to 
Saturday night twelve o'clock. 
1945 (44) 3. 

ARTICLE 1 

The Alcoholic Beverage Control Act of 1945 

§ 1829. Name of article. — This article shall be known, and may be cited, as 
''The Alcoholic Beverage Control Act of 1945." 
1945 (44) 337. 



41 Code of Laws of South Carolina § 1831 

§§ 1829 thru 1856, 1942 Code, repealed by 1945 Acts and Joint Resolutions (44 
Statutes at Large) pages 337 thru 359. §§ 1829 thru 1853 this supplement added by 
said repealing provisions. 

§ 1830. Definitions. — As used in this article, unless the context clearly re- 
quires otherwise : 

(a). The words "alcoholic liquors" mean any spiritous malt, vinous, fer- 
mented, brewed (whether lager or rice beer), or other liquors any compound 
or mixture thereof by whatever name called or known which contains alcohol 
and is used as a beverage : provided, that the foregoing definition shall not 
extend to wine when manufactured or made for home consumption and which 
is not sold by the maker thereof or by any other person : provided, further, 
that the provisions of this article shall not apply to any beverage heretofore 
or hereafter declared by statute to be non-alcoholic or non-intoxicating. 

(b). The word "person" means and includes natural persons, associations, 
co-partnerships and corporations. 

(c). The word "manufacturer" means any person operating a plant or 
place of business within this State for distilling, rectifying, brewing, ferment- 
ing, blending or bottling any alcoholic liquors. 

(d). The word "wholesaler" means any person who shall from without the 
State purchase, acquire or import, or who shall purchase or acquire from a 
manufacturer within the State any alcoholic liquor for resale. 

(e). The words "retail dealer" shall mean any holder of a license issued 
under the provisions of this article other than a manufacturer or wholesaler. 

(f). The words "tax commission" and "commission shall mean the South 
Carolina tax commission. 
1945 (44) 337. 

§ 1831. Tax commission — duties and powers — interest of members or its 
agents restricted — attorney — inspectors — employees— analyze alcoholic liquors 
— offices — equipment and material — report. — (a) The functions, duties and 
powers set forth in this article are hereby vested in the South Carolina tax 
commission. 

(b) No member, officer or agent of the commission, under this article, di- 
rectly or indirectly, individually, or as a member of a partnership or of an 
association, or as a member or stockholder of a corporation, or as a relative 
to any person by blood or marriage within the second degree shall have any 
interest whatsoever in the manufacture of or dealing in alcoholic liquors, or 
in any enterprise or industry in which alcoholic liquors are required, or 
receive any commission or profit Avhatsoever in the purchase or sale of alcoholic 
liquors by any person whatsoever, or have any interest in or mortgage or 
deed of trust on any land or building where alcoholic liquors are manufac- 
tured for sale, offered for sale or sold, or any personal property used therein. 
The provisions of this subsection shall not prevent any member, officer, agent 
or employee of the commission from purchasing and keeping in his possession, 
for the personal use of himself, members of his family or guests, alcoholic 



§ 1831 1946 Supplement 42 

liquors which may be purchased or kept by any person except a manufacturer, 
wholesaler, or retail dealer under this article. 

(c) The commission shall be authorized to appoint an attorney, upon the 
approval of the attorney general, who shall receive a salary of four thousand 
five hundred ($4,500.00) dollars per annum, payable as an expense of the 
administration of this article, and who shall have the status of an assistant 
attorney general assigned to the commission, which attorney shall be in ad- 
dition to the regular attorney for the tax commission and shall devote his 
full time to the enforcement of this article. 

(d) The commission shall be authorized to employ not more than eight (8) 
inspectors, whose salaries shall be fixed by the commission and shall be pay- 
able as an expense of the administration of this article, each of whom shall 
be commissioned by the Governor as state constables, in order that they 
shall have adequate authority as peace officers to enforce the provisions of 
this article. Each inspector shall, before entering upon the discharge of his 
duties, take and subscribe the oath of office required by article III, section 26, 
of the Constitution of South Carolina, and also the additional oath required 
by section 3043 and give bond payable to the State of South Carolina, in form 
approved by the attorney general, in tlie penal sum of five thousand ($5,000.00) 
dollars, with some surety or guarantee company duly authorized to do bus- 
iness in South Carolina and approved by the commission as surety, conditioned 
upon the faithful discharge of his duties ; the premiums of such bonds to be 
paid as an expense of the administration of this article and the bonds to be 
filed Avith and preserved by the secretary of state. 

(e) The commission shall be authorized to employ such clerical, stenographic 
and other personnel as may be necessary, in its judgment, to the administra- 
tion of this article, including chemists, and to prescribe their duties and fix 
their compensation, which shall be payable as an expense of the administra- 
tion of this article. The commission shall, by regulation, cause the frequent 
analysis of alcoholic liquors sold within this State and provide procedure 
for obtaining samples for the purpose thereof. The commission may require 
any employee to furnish such bond conditioned upon the faithful perform- 
ance of his duty as it may deem proper, the premium on which shall be payable 
as an expense of the administration of this article, and which shall be filed 
with and preserved by the commission. 

(f) There shall, as soon as practicable, be assigned to the commission ade- 
quate office space in one of the state office buildings and until such assign- 
ment shall be made, the commission shall be authorized to rent adequate office 
space, the rent therefor to be payable as an expense of the administration of 
this article. 

(g) The commission shall be authorized to purchase the furniture, equip- 
ment and material determined by it to be necessary, the cost thereof to be 
payable as an expense of the administration of this article. 

(h) The commission shall file annually with the Governor and the General 
Assembly its annual report as of June 30th of each year, and shall report 



43 Code of Laws of South Carolina § 1832 

to the Governor on its affairs generally, or on special matters connected there- 
with, as often as he shall require. 
1945 (44) 337. 

§ 1832. Licenses — manufacturer — wholesaler — retail dealer — restrictive pro- 
visions — distribution of alcoholic liquors. — The commission shall have sole and 
exclusive power and authority to grant, issue, suspend and revoke all licenses 
provided for in this article. The commission may grant, subject to revocation, 
as provided in this article, the following licenses under the provisions of this 
article : 

(a) (1) Manufacturers' licenses, which shall authorize the licensees to man- 
ufacture alcoholic liquors, and to sell and deliver or ship the same, in accord- 
ance with regulations of the commission, in bottles or like closed containers 
to any person in South Carolina who has a wholesaler 's license granted under 
this article, and in barrels, bottles or other closed containers to persons out- 
side of South Carolina except that no deliveries or shipments shall be made 
into any State the laws of which prohibit the consignee from receiving or 
selling the same. 

(2) No manufacturer shall own or operate more than one plant, establish- 
ment, or place of business for the manufacture of alcoholic liquors in any one 
county of this State, nor shall he permit the drinking of alcoholic liquors on 
his premises. 

(b) (1) Wholesalers' licenses, which shall authorize the licensees to pur- 
chase, store, keep, possess, import into this State, transport, sell and deliver 
alcoholic liquors in bottles or like closed containers, in accordance with regu- 
lations of the commission, to any person having a manufacturer's or retailer's 
license granted under this article. 

(2) No Avholesaler shall sell, barter, exchange, give, transfer, or deliver for 
consumption any alcoholic liquors to any person not having a license granted 
under this article, nor shall a wholesaler permit the drinking of any alcoholic 
liquors on his premises. No wholesaler shall condition the sale of alcoholic 
liquors to any retail dealer upon the purchase or receipt of any other kind 
or brand of alcoholic liquors than that ordered by the said retail dealer. Ev- 
ery wholesaler shall maintain a separate store or warehouse for the purpose 
of conducting his business under his wholesaler's license, which shall not be 
outside of the boundaries of an incorporated municipality, and no other goods, 
wares, or merchandise shall be kept or stored therein, and no place of amuse- 
ment shall be maintained within said place or in the same building, or in 
connection therewith, and no sales of alcoholic liquor shall be made by any 
wholesaler between the hours of sundown and sunrise. 

(3) No wholesale licensee shall have any interest, either directly or in- 
directly, in any retail liquor store in the State and the tax commission is 
hereby authorized and directed to revoke the license for any wholesaler, 
whenever proof is obtained that such wholesaler has an interest, either di- 
rectly or indirectly in any retail store. 



§ 1832 1946 Supplement 44 

(b) (3) The tax commission is hereby authorized and directed to adopt 
such regulations as it may deem necessary and proper to effect an equitable 
distribution of alcoholic liquors in this State. 

(c) (1) Retail dealers' licenses, which shall authorize the licensees to pur- 
chase alcoholic liquors from wholesalers having licenses granted under this 
article, and store, keep, possess and sell the same at retail for consumption 
in compliance with the provisions of this article and regulations of the tax 
commission not in conflict herewith. 

(c) (2) The tax commission may, in its discretion, after due investigation, 
license retail dealers in unincorporated towns and in county communities 
when, in the opinion of the tax commission, it would be to the interest of such 
unincorporated town or community to have a licensed retailer therein : pro- 
vided, further, however, that the tax commission shall not license a retail 
dealer in any locality unless and until the tax commission is assured that 
such locality is under proper police protection. 

(c) (3) If, in the judgment of the tax commission, the number of retail 
outlets in any political subdivision, or their location within the sub-division, 
is more than a sufficient number to serve adequately the citizens desiring to 
purchase alcoholic liquors, and for other reasons, it may, in its discretion, 
further limit the number of licenses issued in any such political sub-division 
of the state. 

(c) (4) No retail dealer shall sell, offer for sale, barter, exchange, give, 
transfer or deliver, or permit to be sold, bartered, exchanged, given, trans- 
ferred or delivered any alcoholic liquors in less quantities than one-half (V2) 
pint; nor shall any retailer own or keep in his possession any alcoholic liquors 
in separate containers containing less than one-half (V^) pint. 

(c) (5) No retail dealer shall sell, barter, exchange, give, transfer or de- 
liver, or offer for sale, barter or exchange, or permit the sale, barter, exchange, 
gift, transfer or delivery of alcoholic liquors between the hours of sundoAvn 
and sunrise, or for consumption on the premises, or to minors, or to any 
intoxicated person or to any insane person ; nor shall he permit the drinking 
of any alcoholic liquors in his store or place of business. 

(c) (6) Every retail dealer shall maintain a separate store or place of 
business, of a single room, with no means of ingress or egress except from 
front, and without any sign or advertising thereon except the license number, 
the name of the retail dealer, and the words "Retail Liquor Store". No 
letter or figure in any such sign shall be more than six (6") inches high or 
more than four (4") inches wide and, if more than one line is used, the lines 
shall be not more than one (1") inch apart. 

(c) (7) Every retail dealer shall display all retail prices on the shelf under 
each brand and bottle size and all sales shall be made from the shelves. Only 
surplus stocks, in excess of one case, of brands and sizes of alcoholic liquors 
prominently displayed on his shelves may be stored under counters and in 
other authorized storage spaces. No bottles of alcoholic liquors or packages 
containing alcoholic liquors shall be displayed in the front or windows of the 



45 Code of Laws of South Carolina § 1833 

store or place of business of any retail dealer. No other goods, wares or 
merchandise shall be kept or stored in said store or place of business, nor sold 
therein or therefrom, and no place of amusement shall be maintained therein, 
or in connection therewith. 

(c) (8) No person, firm or corporation shall be issued a license to sell at 
retail intoxicating liquors in this State when such person, firm or corporation, 
or any officer of such firm or corporation shall be licensed by the United 
States of America or any department or agency thereof, as a wholesale liquor 
dealer. Any license to sell intoxicating liquors at retail hereafter issued by 
the South Carolina tax commission shall be subject to revocation if and when 
the license therein, or any officer of such licensee shall be licensed by the 
United States of America or any department or agency thereof as a wholesale 
liquor dealer, who is indebted to any wholesaler, or to any person, firm or 
corporation so licensed by the United States of America, or any department 
or agency thereof, in any manner whatsoever, except indebtedness for current 
purchase of alcoholic liquors which is not past due. Any retail dealers license 
granted by the commission shall be immediately revoked by the commission 
if and when it shall find that any of the circumstances set forth in this sub- 
section shall exist during the effective period of such license. 

(c) (9) No retail dealer shall own, operate or have any interest whatso- 
ever in any business, store or establishment dealing in alcoholic liquors except 
the store or place of business covered by his retail dealer's license granted 
under this article. No license shall be issued to more than one member of 
any household in this State and only one license shall be issued to any licensee. 

(c) (10) The restrictive provisions of subsection (c) of this section shall 
not apply to sales of alcoholic liquors by railroad or pullman companies on 
interstate trains to passengers for consumption thereon, such sales being 
liereby authorized and permitted. 

1945 (44) 337. 

§ 1833. Licenses — refuse grant — payment of license tax — appeal. — (a) The 

commission shall refuse to grant any license mentioned in this article if it 
shall be of the opinion: 

First. That the applicant is not a suitable person to be so licensed ; or 
Second. That the store or place of business to be occupied by the applicant 

is not a suitable place ; or 

Third. That a sufficient number of licenses have already been issued, either 

in the State, or in the incorporated municipality, or in the unincorporated 

community or other community; 

(b) The commission shall not issue any license until the license tax required 
by section 1886 has been paid by the applicant. 

(c) The action of the commission in granting or in refusing to grant any 
license under the provisions of this article shall not be subject to review by 
any court nor shall any mandamus or injunction lie in any such case, except 
by certiorari. 

1945 (44) 337. 



§ 1834 1946 Supplement 46 

§ 1834. Licenses — suspend or revoke — appeal — disposition of stocks. — (a) 

The commission may suspend or revoke any licenses issued by it if it be of the 
opinion : 

First. That the licensee is not a suitable person to hold such license ; or 

Second. That the store or place of business occupied by the licensee is not 
a suitable place. 

(b) The action of the commission in suspending or revoking any license 
pursuant to the provisions of this article shall be subject to review by any 
court of competent jurisdiction on appeal but such appeal shall not operate 
as a supersedeas to stay such suspension or revocation. 

(d) Alcoholic liquors owned by and in possession of, or owned by or in 
possession of, any licensee, for sale, at the time the license of any such licensee 
is suspended or revoked hereunder or is terminated in any other manner, 
may, upon permits issued by the commission and within the time fixed therein 
and upon such conditions as the commission may specify, be sold by such 
licensee to persons in South Carolina licensed under § 1832, or may, upon 
permits issued by the commissioner and within the time fixed therein be sold 
to persons outside of South Carolina for resale outside of South Carolina, 
except that no deliveries or shipments shall be made into any State the laws 
of which prohibit the consignee from receiving or selling the same. The 
time fixed by the commission in such permits shall in no case be less than 
sixty days. 
1945 (44) 337. 

§ 1835. Licenses — give notice of applying for — application — qualifications of 
applicant and manager — corporations. — (a) Every person intending to apply 
for any license provided for under the provisions of this article shall publish 
at least once a week for three (3) successive weeks in a newspaper published 
or having a general circulation in the county, city or community wherein 
such person proposes to engage in business, a notice of his intention so to 
apply, which notice shall be in large type and cover a space one column wide 
and not less than two inches deep and shall state the type of license to be 
applied for and the exact location at which the proposed business is to be 
operated. The provisions of this section requiring publication of notice prior 
to applying for a license shall not apply to any person licensed under the 
provisions of this article Avhen such licensee again applies to the commission 
for a new license similar to that which he already holds to engage in the 
same business at the same place. 

(b) Every person desiring a license under the provisions of this article 
shall, after publishing notice of his intention as provided in sub-section (a) 
of this section, file with the commission an application in writing therefor 
on forms provided by the commission containing a statement under oath 
setting forth the name or names, the address, or addresses, the age or ages, 
the race and the nationality of the person or persons applying for such license, 
and the name, address, age, race, and nationality of the person who shall 



47 Code of Laws of South Carolina § 1836 

have actual control and management of the business proposed to be operated, 
the exact location and a description of the place where the business is pro- 
posed to be operated, whether the applicant or applicants or the person who 
shall have actual control and management of the business proposed to be 
operated has ever had a license under the provisions of this or any previous 
article regulating the manufacture or sale of alcoholic liquors, and any other 
information required by regulation of the commission. 

(c) No person or persons shall be eligible to a license under the provisions 
of this article if any of the applicants therefor, or the person who shall have 
actual control and management of the business proposed to be operated, is a 
minor, or is not a citizen of the State of South Carolina and has not been a 
bona fide actual resident of the county in which the proposed business is to 
be located and operated, or an adjoining county, for at least 6 months prior 
to the date of application, or is not of good repute, or has had a license under 
the provisit)ns of this or any previous article regulating the manufacture 
or sale of alcoholic liquors which has been revoked within the period of five 
years next preceding the filing of the application, unless the tax commission 
in its discretion shall otherwise order. 

(d) No license shall be issued to a corporation or association as such, and 
if any application is made for a corporation or association the license, if 
granted, shall be issued to an officer or officers thereof for its use, and such 
officer or officers shall be held to assume all responsibility thereunder as indi- 
viduals and shall be subject to all the provisions and penalties set forth in 
this article as applicable to individual licensees. 

1945 (44) 337. 

§ 1836. Licenses — expiration — license taxes — distribution of certain revenue 
—semi-annual — death of licensee. — (a) All licenses granted and issued under 
the provisions of this article shall expire on June 30 of each year. The license 
taxes on licenses granted under the provisions of this article, which shall be 
in addition to the license taxes provided in section 1838 of this article, shall 
be as follows : 

(1) For each manufacturer's license, five thousand ($5,000.00) dollars. 

(2) For each wholesaler's license, two thousand ($2,000.00) dollars. 

(3) For each retail dealer's license, two hundred and fifty ($250.00) dollars. 

(b) In addition to the amounts as above provided for licenses for conduct- 
ing wholesaler liquor stores, there is hereby levied for the privilege of en- 
gaging in or continuing such business an additional license tax of one thou- 
sand ($1,000.00) dollars, and an additional license tax of two hundred and 
fifty ($250.00) dollars for each retail license issued by the commission, which 
amounts shall be collected by the tax commission in the manner now provided 
by law, but which additional amounts shall be remitted by the tax commission 
to the city or town treasurer in each city or town in which such wholesaler 
or retailer is located and to the county treasurer of each county where such 
stores are located outside the incorporate limits of cities and towns. 



§ 1836 1946 Supplement 48 

(c) Any person granted a license on or after January 1 and prior to June 
30 of any year shall pay one-half of the applicable amount prescribed in 
sub-section (a) of this section. 

(d) In the event of the death of any licensee, except in the case of a license 
granted to more than one person, the executor or administrator of such de- 
ceased licensee may, with the consent of the court of probate and upon 
permit of the commission, continue the operation of the business covered 
by the license. If such executor or administrator shall elect to discontinue 
such business, or if the commission shall not issue a permit for its continuance, 
the unearned portion of the license tax shall be refunded to the said executor 
or administrator, which shall be computed on the basis of the cost of the 
license per month for the period for which it was issued; and any alcoholic 
liquors of the deceased which come into his hands as such executor or admin- 
istrator may be sold by him in the manner provided in sub-section (d) of 
§ 1834. 

1945 (44) 337. 

§ 1837. Applicant for license file bond or give deposit if application favor- 
ably acted on — breach — forfeiture — actions recover — use of proceeds. — (a) 
Every person upon whose application for a license the commission has acted 
favorably shall, within ten days from the date of the receipt by him of notice 
of such action, either file with the commission a bond payable to the State 
of South Carolina, in form approved by the commission, in the penal sum of 
two thousand ($2,000.00) dollars, with some surety or guaranty company 
duly authorized to do business in South Carolina approved by the commission 
as surety, conditioned upon the lawful operation of the business covered 
by the said license and the prompt payment of all license taxes provided in 
this article, or deposit with the state treasurer cash in the amount of two 
thousand ($2,000.00) dollars, or securities sufficient, in the opinion of the 
state treasurer, to secure adequately the amount of two thousand ($2,000.00) 
dollars, which deposit shall be made upon the same condition as that required 
to be set forth in said bond. 

(b) Every violation of any of the provisions of this article by the licensee, 
his agents or servants, shall constitute a breach of the condition of the bond 
filed or the deposit made by such licensee under sub-section (a) of this section, 
and forfeiture of the same shall be in addition to any other penalties or pun- 
ishment provided therefor in this article. 

(c) In the event that the commission shall find that the condition of the 
bond filed or deposit made by any licensee under sub-section (a) of this 
section has been broken, the commission is hereby authorized and directed 
to bring an action in its name in the county in which the business of the 
licensee is or was located and operated to recover the amount of two thousand 
($2,000.00) dollars, which action shall be against the licensee and his surety, 
if the licensee filed a bond under sub-section (a) of this section, and shall 
be against the licensee only, if he deposited cash or securities under sub- 
section (a) of this section. The cash deposited by the licensee shall be applied 
by the state treasurer in payment of the judgment recovered against the 



49 Code of Laws of South Carolina § 1838 

licensee, and, in the event that securities were deposited by the licensee, the 
state treasurer shall, after fifteen days advertisement, sell the same at public 
auction and apply the proceeds of such sale to the payment of the judgment 
recovered against the licensee, paying over to the licensee any amount re- 
maining thereafter. The amounts received by the commission or by the state 
treasurer from the collection and payment of any judgments recovered under 
this sub-section shall be turned into the state treasury to be disposed of in 
the manner provided in this article for the disposition of license taxes col- 
lected under this article. 
1945 (44) 337. 

§ 1838. License taxes on sales — distribution of certain receipts — affix stamps 
on containers — refunds — other taxes — collection of license taxes — rules and 
regulations — violation — wholesalers furnish invoices and report. — (a) Every 
person doing business within the State of South Carolina and engaging in the 
business of selling alcoholic liquors, except distillers thereof, for the privilege 
of carrying on such business, shall, in addition to the license taxes provided 
in § 1836, be subject to the further payment of a license tax which shall be 
measured and graduated in accordance with the volume of sales of such bus- 
iness. There shall be levied, assessed, collected and paid in respect to the 
alcoholic liquors referred to in this article the following amount : 

Upon each eight (8) ounces or a fractional quantity thereof, twelve (12^) 
cents. 

(b) Effective July 1, 1945, in addition to the license tax levied, assessed, 
collected and paid in respect to alcoholic liquors, as above provided, there 
shall be levied, assessed, collected and paid in respect to the said alcoholic 
liquors the following amounts : 

Upon each eight (8) ounces, or a fractional quantity thereof, five (5^) 
cents. Such additional tax shall be paid to and collected by the South Caro- 
lina tax commission and when collected, said additional tax shall be from 
time to time distributed by the South Carolina tax commission among the 
several counties in the State on a population basis according to the 1940 
official federal census, and shall be placed by the county treasurers in the 
several funds of the respective counties. 

(c) The tax levied in sub-sections (a) and (b) of this section shall be paid 
by affixing stamps on each bottle or container of alcoholic liquors. The said 
stamps shall be cancelled by writing or printing thereon the name of the 
person, firm or corporation first having possession of same in South Carolina 
for resale within the State, and such other date as required by the tax com- 
mission. In case a bottle is enclosed in a sealed metal container, the tax 
commission, in its discretion, may allow the affixing of the required stamps 
to the metal container instead of to the bottle. The stamps shall be fixed 
to the bottle or container immediately upon receipt of the alcoholic liquors 
contained therein, or immediately upon the alcoholic liquors being bottled. 
The stamps required by this section shall be affixed in such manner that 
their removal shall require continued application of steam and water. When 



§ 1838 1946 Supplement 50 

stamps have been once affixed as provided in this section, no other or further 
stamps shall be required, regardless of how often such alcoholic liquors may 
be sold or resold within this State. 

(d) The tax commission is hereby authorized and directed to have prepared 
and distributed stamps suitable for denoting the taxes enumerated in this 
section, and said stamps, and any other stamps required under this article, 
shall be sold only to such persons as hold a valid wholesaler's license under 
the provisions of this article. The tax commission is hereby authorized and 
directed to refund to a licensee the cost of stamps affixed to goods which 
have been damaged and are unfit for sale, or such goods as are returned to 
the manufacturer or jobber. 

(e) The license and excise taxes provided in this article for the privilege 
of engaging in the business of manufacturing and selling alcoholic liquors 
shall be in lieu of all other taxes and licenses, state, county and municipal, 
except property, state income, and corporation license taxes. 

(f) The license taxes provided in this section and § 1836 shall be paid to 
and collected by the tax commission, which shall administer and enforce the 
provisions of this section and of § 1836. All license taxes provided in this 
section and § 1836 shall be held a debt due and payable to the State by the 
taxpayers against whom the same shall be levied, assessed and charged, and 
all such license taxes shall be a first lien in all cases whatsoever upon all 
property of the taxpaj^er charged therewith. 

(g) The tax commission may from time to time make such reasonable rules 
and regulations, not inconsistent with this article or with the general laws 
of the State, as the tax commission shall deem necessary to carry out and 
enforce the provisions of § 1836 and § 1838 and any other provisions relating 
to the levy, assessment, collection and payment of the license taxes provided 
in said sections, and to prevent the evasion of the said provisions and the 
failure or refusal of any person subject thereto to pay such taxes. Such 
regulations shall be filed and published as provided for in section 2118-3 and 
shall have the force and effect of law as provided in said section. Tlie tax 
commission is authorized and directed to give additional notice thereof to 
all licensees in such manner as it may deem proper. The wilful violation of 
any rule or regulation made under the provisions of this sub-section and having 
the force and effect of law shall constitute a violation of this article. 

(h) Every wholesale licensee, upon receipt of a shipment of alcohol liquors 
for sale within the State of South Carolina under tlie provisions of this article, 
shall, within twenty-four (24) hours of the receipt of the same and before 
it is offered for sale, furnish to the tax commission and also to the commission 
true invoices of the alcoholic liquors so received. 

(i) Every wholesaler shall furnish to the tax commission and to the com- 
mission duplicate copies of all invoices for the sale of alcoholic liquors within 
twenty-four (24) hours after such alcoholic liquors have been removed from 
the wholesaler's place of business. 



51 Code of Laws of South Carolina § 1841 

(j) Every wholesaler shall file with the commission monthly, on or before 
the first day of each month, a statement showing the stock of alcoholic liquors 
received by him during the preceding 30 days, and such additional reports 
as the commission may require. 

1945 (44) 337. 

§ 1839. Maximum sale prices — violation. — The maximum sale price which 
may be charged by any wholesaler for alcoholic liquors shall be the delivered 
cost thereof to such wholesaler including the state license tax thereon, plus 
(10%) per centum thereof. The maximum sale price which may be charged 
by any retail dealer for alcoholic liquors shall be the delivered cost thereof 
to such retail dealer, including the state license tax thereon, plus twenty-five 
(25 % ) per centum thereof. Any sale of alcoholic liquors at a price in excess 
of the applicable maximum price fixed herein shall constitute a violation of 
this article. 
1945 (44) 337. 

§ 1840. Regulations carry out purpose hereof or prevent illegal act — ^viola- 
tion. — (a) The commission may from time to time make such reasonable 
regulations, not inconsistent with this article or with the general laws of the 
State, and the commission shall deem necessary to carry out the purposes and 
provisions of this article, and to prevent the illegal manufacture, bottling, 
sale, distribution and transportation of alcoholic liquors, or any one or more 
of such illegal acts, and from time to time alter, repeal or amend such regula- 
tions or any of them. Such regulations shall be filed and published as pro- 
vided for in section 2118-3 and shall have the force and effect of law as pro- 
vided in said section. The commission is authorized and directed to give 
additional notice thereof to all licenses in such manner as it may deem proper. 
The wilful violation of any rule or regulations made under the provisions of 
this subsection and having .the force and effect of law shall constitute a 
violation of this article. 
1945 (44) 337. 

§ 1841. Receipts from licenses, taxes and violations of bonds — deposit — 
disposition — refund licensees who entered U. S. armed services. — (a) The li- 
censes, taxes and any sum derived from the violation of any bond herein 
required shall be paid to the South Carolina tax commission and the said 
commission shall pay the same into the state treasury as now provided by 
law for payment into the state treasury of other taxes. The South Carolina 
tax commission shall distribute such funds as follows : 

Sixteen (16^) cents out of the tax on each gallon of intoxicating or alcoholic 
liquors sold shall be distributed to the counties of the State on the basis of 
the number of gallons sold at retail in each county; twelve (12^) cents of 
the tax on each gallon of liquor sold shall be distributed to the cities and 
towns of the State on the basis of the number of gallons sold at retail in each 
city or town ; provided, that on the retail sale of such liquors outside of the 
incorporate limits of any city or town twenty-eight (28^) cents of the tax on 
each gallon of liquor sold shall be distributed to the county or counties in 



§ 1841 1946 Supplement 52 

which sales were made. The remainder of the tax on the sale of alcoholic 
liquors shall be paid into the State treasury for credit to the special school 
account; provided, further, that all revenues derived from the license of 
sale of alcoholic liquors and any sum derived from the violation of any 
bond herein required shall be divided and paid out as follows: sixty-five 
(65%) of the amount collected shall be paid into the state treasury for credit 
to the special school account; twenty (20%) per cent, of the amount col- 
lected shall be paid to the county in which the licensee conducts his business, 
and fifteen (15%) per cent of the said amount collected shall be paid to the 
city or town in which the licensee conducts his business, and that when the 
business of any licensee is not within the incorporated limits of any city 
or town thirty-five (35%) per cent of the amount derived from such licensee 
shall be paid to the county in which the licensee conducts his business. The 
distribution provided for in this section shall be made as of July 1, and on 
the first of every alternate month thereafter, upon warrant drawn by the 
tax commission upon the state treasurer; provided, if the holder of any 
license, granted under the provision of act 232, Acts of 1935, and Acts amend- 
atory thereto, or under the provisions of this article, is inducted into the armed 
forces of the United States during the period for which such license was 
issued, the South Carolina tax commission is hereby authorized and directed 
to refund to such licensee the portion of the fee paid which has not been used. 
Provided, further, that such refunds shall apply to the holders of all licensees 
who have entered military service since July 1, 1941. 

§ 1842. Manufacture, store, keep, receive, possess, transport, ship, buy, sell, 
barter, exchange or deliver alcoholic liquors except as herein provided un- 
lawful — purchase — containers without stamps — possession in place of business 
— not employ minors — not drink on premises of licensees — not receive or pos- 
sess for unlawful use — not sell on Sundays, holidays and during proclaimed 
emergencies — not advertise on billboards along streets and highways — 
penalties. — 

(a) It shall be unlawful for any person to manufacture, store, keep, receive, 
have in possession, transport, ship, buy, sell, barter, exchange or deliver any 
alcoholic liquors except in accordance with the provisions of this article, ex- 
cept liquors acquired in a legal manner. 

(b) It shall be unlawful for any person to purchase, or otherwise procure, 
within this State any alcoholic liquor other than that purchased from licensed 
dealers within the State as provided for in this article, and any person found 
in possession of any bottle or other package containing alcoholic liquor without 
having affixed the revenue stamps thereto, either or both, shall be guilty 
of a misdemeanor. 

(c) It shall be unlawful for any person to store, or have in possession any 
alcoholic liquors in his, her or its place of business other than a licensed liquor 
store. A place of business shall be, and include, any place where goods, 
wares, or merchandise are sold or offered for sale, or distributed, and also 
places of amusement. A place of business shall also include residences and 



53 Code of Laws of South Carolina § 1843 

transportation vehicles when sale of any merchandise is made therefrom. A 
place of business shall also include outbuildings, warehouses and garages, 
when adjacent to or used in connection with any place of business where 
any goods, wares or merchandise are sold, or offered for sale, or distributed 
therefrom. 

(d) It shall be unlawful for any person under the age of 21 years to work 
as an employee or otherwise in a retail, wholesale or manufacturing liquor 
business or business establishment, and it shall be unlawful for any person 
knowingly to employ any person under the age of 21 years in any such 
business or business establishment. 

(e) It shall be unlawful for any person to drink alcoholic liquors on the 
premises of any retail, wholesale or manufacturing alcoholic liquor business 
or business establishments. 

(f) It shall be unlawful for any person to manufacture, sell, barter, ex- 
change, receive, deliver, store or keep in possession within this State any alcoholic 
liquors except as provided in this article, and it shall be unlawful for any person 
to accept, receive or have in possession any alcoholic liquors for unlawful use 
under the provisions of this article. 

(g) It shall be unlawful to sell any alcoholic liquors on Sunday or on election 
days, or during periods of local or state emergency proclaimed by the Governor 
in the interest of law and order or public morals and decorum, full authority 
to proclaim which is hereby conferred upon the Governor in addition to all 
other powers in him now reposed. 

(h) It shall be unlawful for any person to advertise any alcoholic liquors 
b}^ means of billboards along public highways and streets. 

(i) Every violation of any provision of this article shall be a misdemeanor 
and, upon conviction, shall be punished as follows : 

(1) For the violation of the provisions of sub-sections (b) (d) and (e) of 
this section a fine of not more than one hundred ($100.00) dollars or imprison- 
ment of not more than fifteen (15) days. 

(2) For each violation of any other provision of this article, except where 
a different punishment is expressly provided, a fine or imprisonment in the 
discretion of the court of general sessions. 

1945 (44) 337. 

§ 1843. Contrabands — seize — disposition. — (a) All alcoholic liquors found in 
the possession, custody, or within the control of any person, which are han- 
dled, stored, used, or distributed in violation of any of the provisions of this 
article, or Avith the design of avoiding payment of any license taxes provided 
in this article, are hereby declared to be contraband and may be seized by 
the tax commission, and its agents, or any peace officer, without warrant, 
and disposed of in like manner as is provided in sub-section (c) of § 1847. 

(b) All alcoholic liquors found in any place of business, as such words are 
used and defined in sub-section (c) of § 1842, other than a licensed liquor 
store, is hereby declared to be contraband, and shall be subject to seizure, 
confiscation and sale by the tax commission, its respective agents, or any 



§ 1843 1946 Supplement 54 

peace officer, without warrant, and disposed of in like manner as is provided 
in sub-section (c) of § 1847. 
1945 (44) 337. 

§ 1844. Hearings — g^ve notice of refusal to grant, suspension, or revocation 
of license. — (a) The tax commission shall have power and authority to hold 
and conduct hearings, to issue subpoenas requiring the attendance of wit- 
nesses and the production of records, memoranda, papers and other docu- 
ments for consideration at such hearings, or before any officer or agent of 
the commission, and to administer oaths and to take testimony thereunder; 
and in its discretion to authorize any of the members, officers, or agents 
to hold and conduct hearings, issue subpoenas, and administer oaths and take 
testimony thereunder, 

(b) Before the commission shall refuse to grant any license, or shall sus- 
pend or revoke any license issued under the provisions of this article, at 
least ten days' notice of such proposed or contemplated action by the com- 
mission shall be given to the applicant or the licensee affected, as the case 
may be, which notice shall be in writing and shall contain a statement of 
the grounds or reason of the proposed or contemplated action of the com- 
mission, and which shall be served upon the applicant or licensee in person 
or by registered mail sent to his last known postoffice address. The com- 
mission shall in such notice appoint a time and place when and at which 
the applicant or licensee shall be heard as to why the said licensee shall not 
be refused or suspended or revoked, as the case may be. The applicant or 
licensee shall at such time and place have the right to produce evidence in 
his behalf and to be represented by counsel. 

1945 (44) 337. 

§ 1845. Wines — sale. — All retail dealers licensed under the provisions of this 
article shall be authorized to sell all wines in the stores or places of business 
covered by their respective licenses, whether declared alcoholic or non- 
alcoholic or non-intoxicating by the laws of this State. All wines containing 
more than fourteen (14%) percent of alcohol by volume shall be sold only in 
licensed alcoholic liquor stores. Nothing herein contained shall alter, amend, 
or modify the existing laws of this State relating to the taxes imposed on 
wines or the collection and enforcement thereof. 
1945 (44) 337. 

§ 1846. Distribution of fines. — In all prosecutions for violation of the pro- 
visions of this article, where municipal officers are solely responsible for dis- 
covering the violation or producing the witnesses or the evidence upon which 
a conviction is had, the fines collected in such cases shall be equally divided 
between the county and such municipality. The municipality's portion shall 
be paid upon voucher issued by the governing board of the county after ap- 
proval of a claim duly filed, setting forth the case and the witnesses produced. 
1945 (44) 337. 

§ 1847. Counterfeit or use stamps second or more times unlawful — counter- 
feit, used washed or restored stamps — penalties — inspection — unstamped alco- 



55 Code of Laws of South Carolina § 1847 

holic liquors oontrabandi — seize — disposition — chattels used unlawfully in 
transportation. — (a) Whoever counterfeits, removes, or otherwise prepares 
any adhesive stamp referred to in this article with intent to use, or cause 
the same to be used after it has already been used, or knowingly or wilfully 
buys, sells, offers for sale or gives away any such counterfeit, used, washed, 
or restored stamp to any person for use, or knowingly uses the same, or has 
in his possession any counterfeit stamp, or any washed, restored, or altered 
stamp which has been removed from the article to which it had been pre- 
viously affixed, or whoever, for the purposes of indicating the payment of 
any tax hereunder, reuses any stamp which has heretofore been used for the 
purpose of paying any tax provided in this article, shall be guilty of a mis- 
demeanor and, upon conviction, shall be punished by a fine of not more than 
one thousand ($1,000.00) dollars, or imprisoned for not more than five (5) 
years, or both, in the discretion of the court ; that all stamps described in this 
article, whenever and wherever found, shall be seized, destroyed or retained 
as evidence. 

(b) Any person who shall, upon demand of any officer or agent of the 
tax commission, or of any peace officer refused to allow full inspection of 
the premises, or any part thereof, or of the stocks and invoices of any licensee 
or who shall hinder, or in any wise delay or prevent such inspection when 
demand is made therefor, shall be deemed guilty of a misdemeanor and, upon 
conviction, be fined not more than two hundred ($200.00) dollars for each 
offense, or imprisoned for a period not exceeding sixty (60) days, or both, in 
the discretion of the court. 

(c) Any alcoholic liquors found in the possession of any one within this 
State not having affixed to the bottle or container the stamps required in this 
section, as hereinabove provided, are hereby declared to be contraband, and 
the same may be seized by the tax commission, or its agents, or by any peace 
officer without warrant, and the sheriff of the county in which such seizure 
is made shall take possession of said alcoholic liquors so seized for sale at 
public auction to the highest bidder, after due advertisement, but no sale shall 
be made to any person other than licensed manufacturers, wholesalers, or 
retail dealers licensed under the provisions of this section, and the sheriff 
before delivery of any goods so seized to any purchaser shall require the 
purchaser to affix the proper amount of stamps to the individual packages, 
as above defined. The proceeds of sale for any alcoholic liquors sold here- 
under shall be immediately turned over to the tax commission to be there- 
after turned over to the state treasury, as other funds collected by said com- 
mission; provided, that the cost of confiscation and sale shall be paid out of the 
proceeds derived from such sale before making remittance to the tax commis- 
sion; provided, further, that any chattel used primarily and with knowledge 
of the owner in the transportation of alcoholic liquors in violation of the pro- 
visions of this article, shall be subject to confiscation and sale in the same manner 
as provided for unstamped alcoholic liquors, except that such chattel may be 
sold to any person, and excepting further, that when such chattel has been 
seized by municipal officers the proceeds of such sale shall be paid to such 



§ 1847 1946 Supplement 56 

municipality for its use, and otherwise it shall be paid to the county treasurer 
of the county where seized. For the purpose of confiscating said vehicle and 
alcoholic liquors above referred to, the sheriff shall proceed as nearly as may 
be practicable under the provisions of subdivision (9) section 2527; provided, 
further, that no alcoholic liquors except such as may have been manufactured 
by a licensed manufacturer, either within or without the State, or alcoholic 
liquors of unquestioned purity and content, shall be sold at public auction as 
herein provided, and that any other liquors which may be confiscated shall be 
destroyed by the proper officers as now provided by law; provided, further, 
that no liquors so sold shall be delivered within a period of five days after 
such sale, during which time the tax commission may, in its discretion, reject 
any bid and order the liquors resold until a satisfactory bid is had; provided, 
further, that after confiscated liquors are offered for sale, after advertisement, 
as herein provided on two different dates, and no bids are made thereon, then 
the same shall be destroyed by the proper officers, as now provided by law. 
1945 (44) 337. 

§ 1848. Payment of expenses — state constables. — All expenses of the admin- 
istration of this article incurred by the tax commission shall be paid by war- 
rants of the tax commission upon the state treasurer. All such warrants 
shall be payable out of the proceeds of the license taxes and other funds 
received by the state treasurer under the provisions of this article before the 
allocation and disposition of funds provided for in § 1841 shall have been 
made. All costs of the Governor's constabulary is appropriated by annual 
appropriation acts shall be paid from the revenue collected under the terms 
of this article, and before the allocation provided for in § 1841. The Gov- 
ernor is hereby authorized and empowered to determine the number of men 
to be appointed as state constables, the compensation of the various constables, 
the qualifications for the position, and the equipment to be used by the con- 
stables. Said constables shall work under the direction of the Governor, 
shall hold office at his pleasure, and shall be subject to discharge by the 
Governor with or without cause, with full power in the Governor to fill all 
vacancies. 

1945 (44) 337. 

§ 1849. Complementary to laws providing for legal sale of beers and wines. — 

This article is hereby declared to be complementary to and not in conflict with 
the laws providing for the legal sale of beers, wines, and other vinous, fer- 
mented, or malt liquors. 
1945 (44) 337. 

§ 1850. Alcohol exempted — penalties sell exempted products for beverage 
purposes. — No provision in this article shall apply to alcohol intended for use 
in the manufacture and sale of any of the following when they are unfit for 
beverage purposes, namely: 

(a) Denatured alcohol produced and used pursuant to acts of Congress and 
regulations promulgated thereunder; 



57 Code of Laws of South Carolina § 1853 

(b) Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet 
preparations ; 

(c) Flavoring extracts, syrups, and food products; 

(d) Scientific, chemical, mechanical and industrial products. Any person 
who shall knowingly sell any of the products enumerated in paragraphs (a), 
(b), (c) and (d), for beverage purposes shall be subject to the penalties pro- 
vided for in sub-section (b) of § 1847. No provision of this article shall 
apply to ethyl alcohol intended for use by hospitals, colleges, governmentals 
agencies and other permittees entitled to obtain such alcohol tax-free, as 
provided by acts of Congress and regulations promulgated thereunder. 

1945 (44) 337. 

§ 1851. Membership of tax commission increased — appointment — term — va- 
cancy. — To facilitate the administration of this law the tax commission is 
hereby increased from three members to five members, and the term of the 
new commissioners shall begin May 15, 1945. The new commissioners shall 
be appointed by the Governor for a term of six (6) years and shall serve until 
their successors are appointed and shall qualify, and confirmed as now pro- 
vided by law for appointments to the tax commission. The successors to the 
new appointees shall serve for terms of six (6) years and until their succes- 
sors are appointed and shall qualif3^ Any vacancy shall be filled as now 
provided by law. 
1945 (44) 337. 

§ 1852. Invalidity. — If any clause, sentence, paragraph, or part of this article 
shall, for any reason, be adjudged by any court of competent jurisdiction 
to be invalid, such judgment shall not affect, impair or invalidate the remain- 
der of this article, but shall be confined to its operation to the clause, sen- 
tence, paragraph, or part thereof directly involved in the controversy in 
which such judgment shall have been rendered. 
1945 (44) 337. 

§ 1853. Effect on existing- laws — pending- prosecutions — taxes due — bonds 
breached — contrabands — licenses. — Sections 1829 through 1856, inclusive, of 
the Code of Laws of South Carolina, 1942, and all acts or parts of acts incon- 
sistent with the provisions of this article are hereby superseded, suspended 
and terminated, but all such sections, acts or parts of acts shall remain in 
force and effect insofar as they apply to and support prosecution for any 
violation thereof occurring prior to May 7, 1945, and also for the collection 
and enforcement of all license taxes due and payable thereunder, and also 
for the collection and enforcement of the surety bonds filed by licensees 
under the provisions of section 1833, and for the seizure, confiscation, for- 
feiture and sale of any property therein declared to be contraband, and also 
in connection with all licenses granted prior to May 7, 1945, for the regula- 
tion of the licensees having such licenses. 

1945 (44) 337. 

State V. Gilliam, 1946, S. C , should be July 1, 1945. 

37 S. E. 2d 299, held that May 7, 1945, 



§ 1854 1946 Supplement 58 

§ 1854. Additional compensation for certain officials of tax commission. — 

Repealed by 191^5 Acts and Joint Resolutions (U Statutes at Large) pages 337 
thru 359. 

§ 1855. Advertise alcoholic liquors on billboards on public highways and 
streets unlawful. — Repealed bij 19Jf5 Acts and Joint Resolutions (H Statutes 
at Large) pages 337 thru 359. 

§ 1856. Complementary to beer, wine, etc., l&vfs.— Repealed hij 191^5 Acts and 
Joint Resolutions (1^.1^. Statutes at Large) pages 337 thru 359. 

§ 1862. Pay State's portion of beer and wine revenue into special school 
account each month. — The State's portion of all revenue derived from the 
sale of beer and wine as defined in the acts legalizing the manufacture and 
sale thereof shall be paid to the state treasurer for credit to the special school 
account on the last day of each month. The South Carolina tax commission 
is hereby authorized and directed to transfer to the special school account 
from any unallocated funds on hand on the last day of each month the State 's 
portion of such revenue. 

1945 (44) 337. 

Above section replaces § 1862 in 1942 Code. 

ARTICLE 1 A 

Additional Taxes on Alcoholic Liquors 

§ 1863. Additional amounts — collection — payment — disposition. — In addition 
to any and all other taxes now levied, assessed, collected and paid in respect 
to alcoholic liquors, there shall be levied, assessed, collected and paid in 
respect to the said alcoholic liquors, the following amounts : 

(a) Every licensed wholesaler shall be subject to the payment of a tax 
on each standard case of alcoholic liquors which shall be measured by and 
graduated in accordance with the volume of sales of such licensed wholesaler 
according to the following schedule : 

On the first one thousand (1,000) cases sold each mouth, a tax of twenty-five 
($0.25) cents per case. 

On the next four thousand (4,000) cases sold each month, a tax of fifty 
($0.50) cents per case. 

On all cases above five thousand (5,000) sold each month, a tax of one 
($1.00) dollar per case. 

This additional tax must be absorbed by the licensed wholesaler and in 
no case shall this additional tax be computed in the mark-up now provided 
by law, nor shall it be made a part of the consumer price. 

Every wholesaler of alcoholic liquors shall file with the tax commission on or 
before the tenth day of each calendar month, a report covering all sales of 
alcoholic liquors during the preceding month; and, shall, at the same time, 
remit to the South Carolina tax commission the amount of additional tax 
provided in this sub-section. 



59 Code of Laws of South Carolina § 1962 

(b) In addition to the tax levied in sub-section (a), every licensed whole- 
saler shall pay an additional tax of one ($1.00) dollar on each standard case 
of alcoholic liquors sold. 

The additional tax levied in this section shall be paid by affixing stamps to 
each standard case of alcoholic liquors, said stamps to be affixed by the 
licensed wholesaler who first acquires such alcoholic liquors, and before such 
alcoholic liquors are sold. The additional tax levied in this sub-section shall 
be paid by the licensed retailer to the wholesaler from whom such alcoholic 
liquors are purchased, but in no case shall this additional tax be computed in 
the mark-up now provided by law and in no case shall this additional tax be 
made a part of the consumer price. 

The tax commission is hereby authorized and directed to have prepared 
and distributed stamps suitable for denoting the taxes enumerated in this 
sub-section, and said stamps shall be sold only to such persons as hold a valid 
wholesale license. 

(c) The additional tax levied in sub-section (a) and sub-section (b) shall 
be paid to and collected by the South Carolina tax commission; and, when 
collected, said additional tax shall be paid into the state treasury for credit 
to the special school account. 

(d) For the purpose of this section a standard case of alcoholic liquors 
is a package or case containing not more than three (3) gallons and not less 
than two and four-tenths (2.4) gallons, and any package or case containing 
more than three (3) gallons or less than two and four-tenths (2.4) gallons 
shall be taxed proportionately, based on two ($2.00) dollars for each three (3) 
gallons. 

This section shall be supplementary and in addition to all other legislation 
on this subject. 

1946 (44) 2593. 

§ 1863, 1942 Code, repealed by 1945 Acts and Joint Resolutions (44 Statutes at 
Large) pages 336 thru 359. Present § 1863 added by 1946 p 2593. 

§ 1960-2. Service of sentences by prisoners under five years or less sentence, 
Charleston County. 

See this section in 1944 Supplement. 

§ 1960-8. Jailor has power of rural police, Pickens County. — Repealed htj 
194-5 Acts and Joint Besolutions (44 Statutes at Large) page 35. 

§ 1962. Boardi manage and supervise state penitentiary. 

(1) Authorized— employees. — The said board of directors is charged with 
the duty of managing, conducting and supervising the state penitentiary and 
all of the departments thereof. They shall appoint such superintendents or 
other executive officers, fix their salaries;, {Provided, that all salaries not 
specifically fixed by law or the annual appropriation bill shall be approved 
by the budget commission.) terms of office, their powers and duties, except 
as otherwise may be specifically provided for herein, and in case where any 
special provision is made, shall have full power and authority to appoint 



§ 1962 1946 Supplement 60- 

such additional managing officers or executives as in its judgment necessity 
demands. 

(2) Powers as to such institution. — The board of directors shall have, in 
respect to the said institution herein named, exclusive power: (1) to generally 
supervise the said institution, the property set apart for it, and the inmates 
thereof; (2) to prescribe such general and specific rules and regulations for 
the conduct and management of the said institution, prescribe rules and regu- 
lations for the government and discipline of the employees and inmates, and 
to modify the same from time to time as in its judgment will best promote 
the objects and purposes of the said institution. 

(3) Report annually to Governor. — The said board of directors and the 
superintendent, in the case of the state penitentiary, shall report annually 
with respect to the said institution, to the Governor on or before the first day 
of November in each year, of the state and condition of the institution, the 
persons confined therein, monej^s expended and received therefor, and gener- 
ally of all proceedings done and had with respect to the management and 
conduct of same ; the said report to be laid before the General Assembly. 

(4) Conduct in such institution. — The said board shall also have full power 
and authority to investigate any misconduct occurring in said institution, to 
provide suitable punishment therefor and to execute the same, and to take 
all such precautionary measures as in its judgment will make for the safe 
conduct and welfare of the said institution. 

(5) Remove employees. — The said board is also empowered to remove any 
employee of said institution, including the superintendent of the penitentiary, 
when in its judgment such removal will make for a more efficient or economic 
administration of the duties assigned to such employee. 

(6) Employees — supplies — records — finances — riots and insurrections. — It is 
specifically declared herein that the said board of directors with respect to 
the conduct and management of the said institution, shall have full power and 
authority to employ all persons necessary to the proper conduct of the said 
institution, to purchase the supplies reasonably necessary therefor, within the 
limits of the funds duly appropriated for any such purposes. The board shall 
provide for the keeping of accurate books and accounts touching and con- 
cerning said institution and shall expend public funds appropriated therefor 
only for the specific purpose for which the same have been appropriated, 
and at all times from the records kept, it shall be able to determine the un- 
expended balance of any appropriation. The said board is specifically author- 
ized and empowered to suppress any disorders, riots or insurrections that may 
take place in said institution, and to prescribe any and all such rules and 
regulations as in its judgment are reasonably necessary to avoid any such 
occurrence. 

(7) Powers herein exclusive. — The power and authority herein conferred 

in respect to the said institution are exclusive in respect to it and shall be 

deemed to supersede any provisions of law now existing in respect thereto. 

1946 (44) 1430. 

This section amended by 1946 p 1430. Above section replaces said section in 1942 
Code. 



61 Code of Laws of South Carolina § 1992-5 

§ 1968-1. South Carolina penal board grant leaves of absence to inmates of 
certain penal institutions when Governor out of State. — When the Governor 
is without the State the South Carolina penal board hereby is clothed with 
the power to grant, upon proper showing of emergencies, temporary leaves 
of absence to any inmate of any penal institution in South Carolina except 
South Carolina Industrial School, The State Industrial School for Girls and 
John G. Richards Industrial Training School for Negro Boys. Such board 
shall promptly report its action to the Governor with its reasons therefor. 

1946 (44) 1430. 

Portion in italics added by 1946 p 1430. 

§ 1968-2. Such board approve discharges of inmates from certain institutions. 

— Repealed hy 19Jt6 Acts and Joint Resolutions (44 Statutes at Large) pages 
1430 thru 1434. 

ARTICLE A 

Board of State Industrial Schools 

§ 1992-1. Appointment. — There is hereby created and established a board 
to be known as the "Board of State Industrial Schools", composed of five (5) 
members appointed by the Governor, with the advice and counsel of the 
Senate, no more than three of whom shall be of the same sex. Provided, that 
if the Senate is not in session when the original appointments are made or 
when a vacancy on the board occurs, the Governor may appoint a member 
or members to such board, and such appointee or appointees shall serve as 
de facto members until the Senate acts on such appointment or appointments. 
1946 (44) 1430. 

§ 1992-2. Terms. — The initial terms of office of the members of the board 
shall expire on January 30th in the years 1947, 1948, 1949, 1950 and 1951 
respectively. Thereafter the terms of all members shall be for five (5) years 
from the expiration of the next preceding term. 
1946 (44) 1430. 

§ 1992-3. Officers — meetings — rules. — The board shall elect from its mem- 
bers, a chairman, who shall serve for five (5) years, and who shall not succeed 
himself or herself as chairman. The board may elect a vice-chairman and 
secretary if it is deemed advisable. The board shall fix the time and place 
of meetings of the said board and adopt such rules and procedure as may be 
deemed advisable. 
1946 (44) 1430. 

§ 1992-4. Expenses — compensation. — The members of the board shall be re- 
imbursed for actual expenses incurred in attending meetings of the board 
and shall receive as compensation the same per diem allowed to members 
of other state boards and commissions. 
1946 (44) 1430. 

§ 1992-5. Schools control. — The board is charged with the duty of managing, 
conducting and supervising South Carolina Industrial School. The State 



§ 1992-5 1946 Supplement 62 

Industrial School for Girls and John G. Richards Industrial Training School 
for Negro Boys, and shall have exclusive power to supervise generally the 
respective schools and make specific rules and regulations for their conduct 
and management and for the government and discipline of its employees 
and the persons under its care, and to modify the same from time to time 
in order to promote the objects and purposes of the schools. 
1946 (44) 1430. 

§ 1992-6. Employees — care of inmates — discharges — probation, parole and 
pardon board supervise dischargees.— (a) The board is authorized and directed 
to appoint a competent superintendent of each of the said schools, and force of 
teachers and other employees as may be needed for their proper management, 
and to fix their compensation, and shall have power within its discretion to 
remove any superintendent or other employee to effect a more efficient and 
economical administration of the schools. 

(b) The board is authorized and directed to employ the services of one 
or more psychiatrists. All boys and girls admitted to said industrial schools 
shall be given thorough physical and mental examinations. When it shall 
be found that any inmate of said school is in need of physical or mental treat- 
ment, that cannot be supplied by the said schools, the superintendents of 
the respective schools shall report the case to the board of industrial 
schools, which shall take such measures as may be advisable for the proper 
treatment of said children, and such children may be committed to the state 
hospital, or to the State Training School, or the South Carolina tuberculosis 
sanatorium upon order of the Governor, if it is deemed advisable by the board. 

(c) The board is authorized and empowered in its discretion to issue tem- 
porary and final discharges to any inmates of any of the industrial schools 
when such discharges, in its judgment, will be in the interest of the inmates 
to whom issued and not detrimental to society. The board in issuing any 
such discharge may impose such conditions as it may deem advisable and 
may from time to time modify the conditions so imposed. 

(d) The board is directed to make periodic inspection of the records of 
the inmates of the industrial schools with a view of determining what dis- 
charges should be issued. 

(e) The board upon issuing any temporary discharge shall file a transcript 
of the record of the inmate discharged with the chairman of the South Caro- 
lina probation, parole and pardon board. It shall then become the duty 
of the said probation, parole and pardon board to provide for such discharged 
inmate the same supervision, guidance and assistance as is provided for 
other parolees under the supervision of the said board. 

1946 (44) 1430, 1516. 

§ 1992-7. Purchases — contracts — expenditures — records. — The board shall 
have the power to purchase supplies, make contracts and expend public funds 
reasonably necessary for the management and support of the schools within 
the limits of the funds specifically appropriated for such purposes ; and shall 
provide for the keeping of accurate records relating to the persons submitted 



63 Code of Laws of South Carolina § 2016 

to its care aud a system of books showing the financial condition of the re- 
spective schools at all times and the unexpended balance of any appropriation. 
1946 (44) 1430. 

§ 1992-8. Contract with state institutions improve schools. — The board shall 
have authority to enter into agreements with the boards of any other state 
institutions for the purpose of effecting a more efficient and economical 
management of one or more of the state industrial schools. 
1946 (44) 1430. 

§ 1992-9. Powers exclusive. — The powers and authority herein conferred on 
the said board in respect to the said schools are exclusive and shall be deemed 
to supersede any provisions of law now existing in respect thereto. 
1946 (44) 1430. 

§ 1992-10. Report annually. — The board shall prepare an annual report with 
respect to each of said schools on or before the first day of November in 
each year as to the state and condition of the schools, the persons committed 
thereto and the monies expended and received ; and generally as to all pro- 
ceedings done and had with respect to the management and conduct of each. 
The said report shall be laid before the General Assembly by the Governor. 
1946 (44) 1430. 

§ 2016. Procedure for commitment and dismissal of boys. — White boys be- 
tween their twelfth and seventeenth year may be voluntarily committed to 
said institution by their parents or guardians, or the persons haying such 
boys in charge, or who, having no parent or guardian, or other person to 
care for them, may voluntarily commit themselves to its keeping: provided, 
that in the case of boys committed otherwise than upon a conviction of 
crime, the warrant of commitment shall not be valid until approved and 
endorsed in writing by a judge of the circuit court, or probate court, or a 
judge of a county court, of this State, at chambers or otherwise, after careful 
investigation : any commitment under this section, whether by judge, magis- 
trate, parent or guardian, or by any other person having in charge the said 
boy, or by the said boy himself, if he has no person to care for him, shall be 
full and sufficient authority to the trustees, officers and agents of said school 
for the detention and keeping therein of the boy so committed. Any boy com- 
mitted to said institution under the provisions of sections 2014 to 2017, inclu- 
sive, shall be kept therein until he arrives at the age of twenty-one years, un- 
less sooner dismissed therefrom by order of the South Carolina board of 
state industrial schools. From the time of the lawful reception of any boy 
into said institution, and during his stay therein, said institution shall have 
exclusive care, custody and control of said boy. Any boy committed under 
the terms of said sections to said institution shall be conveyed by the sheriff, 
deputy sheriff, or persons appointed by the sheriff of the county in which 
such boy resides, to the said institution at Florence, and the expense of such 
conveyance and delivery shall be borne by such county: provided, that the 
judge who commits or approves the commitment may in his discretion order 



§ 2016 1946 Supplement 64 

that such boy be sent to said institution without the attendance of an officer 
or in such manner as may be advisable. 

1946 (44) 1430. 

This section amended by 1946 p 1430. Above section replaces said section in 1942 
Code. 

§ 2017. Courts may commit boys to. — When any white boy between his 
twelfth and seventeenth birthday shall be indicted for any crime, before he 
is tried, by consent of his parents or guardian or person having lawful cus- 
tody of him, the judge or magistrate before whom he is indicted may commit 
such boy to the industrial school for training and education, or if after 
trial and conviction in lieu of sentence for punishment of such crime, the 
presiding judge or magistrate may commit such boy to said industrial school 
until released by order of the board of state industrial schools. 

1946 (44) 1430. 

Above section replaces § 2017, 1942 Code. 

§ 2021. Establishment — support — persons commit tO' — discipline — authority 
of board. — The board of directors of the state penitentiary is hereby author- 
ized and required to set apart so much of the state farm, in the county of 
Lexington, as may be necessary for a reformatory, exclusively for colored 
boys. The board shall also provide suitable buildings and stockade for the 
safekeeping and comfort of persons sentenced thereto. 

The board of directors of the penitentiary is authorized to use any money 
on hand, or that may accrue out of the profits of the state penitentiary, to 
defray the expenses incurred in providing such buildings and stockade and 
other appurtenances to the state reformatory farm. 

The board of state industrial schools shall place in the reformatory all male 
criminals, other than white boys, under sixteen years of age, but not under 
age of twelve, who shall be legally sentenced to said reformatory on convic- 
tion of any criminal offense in any court having jurisdiction thereof and 
punishable by imprisonment in the state penitentiary. The discipline to be 
observed in the said prison shall be reformatory, and the warden shall have 
power to use such means of reformation, consistent with the improvement 
of the inmates, as may be prescribed by the board. The board shall provide 
for the instruction of the inmates in morals as well as useful labor. 

1946 (44) 1430. 

This section amended by 1946 p 1430. Above section replaces said section in 1942 
Code. 

§ 2032. Term and form of commitments. — All commitments to The State 
Industrial School for Girls shall be for an indeterminate period not to extend 
beyond the twenty-first birthday of the person committed ; they shall be made 
in the following form or one of similar import, according to the facts, and 
shall not be valid unless approved and endorsed in writing by the judge of 
the court making the commitment and attested thereto by the clerk of said 
court if there be such clerk: 



65 Code of Laws of South Carolina § 2033 

Order of Commitment 

State of South Carolina, 

County of 

Be it remembered, That on the ..day of , A. D. 19 

application Avas made to the undersigned, magistrate or judge of the 

court of Count}', State of South Carolina, by 

for the commitment of to the custody of board of state 

industrial schools, and upon due proof, I do find that said 

is a suitable person to be so committed. 

It is, therefore, ordered that the ajjplication of the said 

be granted; that the said be, and is hereby, committed 

to the custody of board of state industrial schools, to be detained by it at the 
State Industrial School for Girls, or such other place as may be designated 
by said board, where she can be most faithfully and properly cared for, and 
that she shall be detained therein until she reaches the age of twenty-one 
years, unless sooner released by said board, subject to such rules and regula- 
tions as said board may establish ; it is further ordered that the entire cost 

of conveying her thereto be paid by County as provided 

by law. 

I find that said girl is charged with (state the charge explicitl^O 

That she Avas born at on the day 

of A. D... That her father's name and residence is 

, and his occupation is That her 

mother's name and residence is , and her occupation is 

That the names and residences of her nearest relatives, 

or of her guardian, are as follows : 



In witness whereof, I have hereunto subscribed my name and caused to be 

affixed the seal of said court, at , this day of 

, A. D. 19 

, Judge of the Court of County. 

Attest : 

, Clerk of said Court. 

1946 (44) 1430. 

Above section replaces § 2032, 1942 Code. 

§ 2033. Custody of inmates.— Any commitment under §§ 2024 thru 2037 shall 
be full and sufficient authority to the said board, officers, and agents of the 
said industrial school for the detention and keeping therein of any girl until 
she arrives at the age of twenty-one years, unless sooner dismissed therefrom 
by order of the board of state industrial schools, or released therefrom by 
order of a judge of the Supreme Court or circuit court of this State, rendered 
at chambers or otherwise, in a proceeding in the nature of an application for 



§ 2033 1946 Supplement 66 

a writ of habeas corpus. From the time of lawful reception of any girl into 
said institution, and. during her stay therein, said institution shall have ex- 
clusive care, custody, and control of said girl, and the said board shall cause 
said girl to be instructed in such branches of useful knowledge as may be 
suited to her years and capacity; and the said board shall also cause said 
girl to be taught a useful trade or other means of earning an honest livelihood. 

1946 (44) 1430. 

This section amended by 1946 p 1430. Above section replaces said section in 1942 
Code. 

§ 2034. Transfers to penitentiary. — The said board shall have the power to 
transfer temporarily to the State Penitentiary any Avhite female who has 
been committed to the said industrial home, who is more than eighteen years 
of age, and whose presence in tlie said industrial home for girls appears to 
be seriously detrimental to the welfare of the institution. It shall be the 
duty of the superintendent of the state penitentiary, on behalf of the board 
of directors thereof, to receive such females as may be transferred thereto 
as herein provided, and properlj" care for them. Each female thus transferred 
to the state penitentiary shall be held therein, subject to all the rules and 
discipline of the said state penitentiary, until she shall reach the age of 
twenty-one years, provided that the board of state industrial schools may by 
written requisition, which the said superintendent of the said penitentiary shall 
honor, require the return to the said industrial school of any female who may 
have been so transferred. The costs in making such transfers to and from the 
said state penitentiary shall be borne by the said industrial school for girls. 

1946 (44) 1430. 

This section amended by 1946 p 1430. Above section replaces said section in 1942 
Code. 

§ 2035. Epileptics, etc., not to be admitted — transfers. — No girl shall be 
committed to said industrial school wlio is epileptic, insane, or feeble-minded. 
The court shall also furnish a statement of such facts as can be ascertained 
concerning the personal and family history of the girl. If it shall develop, 
after a girl is committed to this institution, that she is an epileptic, insane, 
feeble-minded, or paralytic, such girl may be transferred by the board of 
state industrial schools to such other state institution, now in existence or 
hereafter created, as in their judgment is best qualified to care for such girl, 
in accordance with the laws of this State. 

1946 (44) 1430. 

This section amended by 1946 p 1430. Above section replaces said section in 1942 
Code. 

§ 2036. Paroles — parole officers. — Bepealed hy 1946 Acts and Joint Resolu- 
tions (Jflf. Statutes at Large) pages HSO thru l^SJ^. 

§ 2037. Not aid ward of school enter house of prostitution, gambling place, 
etc. — penalties. — Specifically, it shall be unlawful for any person to cause, aid, 
encourage or influence any girl, who is a ward of the State Industrial School 
for Girls, to enter or remain in a house of prostitution, a house or lodging 
place used for immoral purposes, a gambling place, to violate any law of this. 



67 Code of Laws of South Carolina § 2054 

State or ordinance of any city, to indulge in vicious or immoral conduct, to 
violate her parole or run away from the supervision of the authorities of said 
industrial school, or to harbor any such girl who has escaped from such in- 
dustrial school, or who is running away from the supervision of the authorities 
of same ; and any person who violates any of the provisions of this section 
shall be deemed guilty of a misdemeanor, and, upon conviction, shall be pun- 
ished by a fine of not exceeding five hundred dollars, to which may be added 
imprisonment in the state penitentiary for a period not exceeding six months. 

1946 (44) 1430. 

This section amended by 1946 p 1430. Above section replaces said section in 1942 
Code. 

§ 2037-1, Public school at The State Industrial School for Girls. 

(1) Establish. — The county board of education of Richland County is hereby 
empowered and directed to establish a public school at The State Industrial 
School for Girls, near Columbia, South Carolina, for the inmates of the said 
school whose age would make them eligible for attendance upon any public 
school of the State. Upon the establishment of the said school it shall par- 
ticipate in state aid along with the other public schools of the State and 
under the provisions of law applicable to them. State aid accruing to the 
said school shall be paid by the State over to the county treasurer of Rich- 
land County, and shall be paid out by him upon warrants duly approved 
and signed by the county board of education of Richland County. Provided, 
however, that the said school shall not participate in the proceeds of the tax 
arising from the three-mill constitutional levy. 

(2) Teachers. — The teachers for the said school shall be employed by the 
board of state industrial schools : provided, however, that anyone who has been 
teaching in the said school for the past three years, immediately preceding 
March 10, 1938, shall be considered as having had teaching experience in 
public schools and entitled to be paid on the basis of such experience, 

(3) Reports. — The teacher who is designated as principal of the school shall 
make monthly and annual reports to the county superintendent of education 
of Richland County as now required by law of principals of other public 
schools in the State, 

1946 (44) 1430. 

This section amended by 1946 p 1430. Above section replaces said section in 1942 
Code. 

§ 2042, Places ceded to the United States and subject to concurrent juris- 
diction. 

See this section in 1944 Supplement, 

§ 2052, Apportionment of members of House of Representatives — election. 
See this section in 1944 Supplement, 

§ 2054, Compensation, mileage and travel allowance of members. 

See this section in 1944 Supplement, 



§ 2083-1 1946 Supplement 68 

§ 2083-1. Correct typographical and clerical errors in acts and joint resolu- 
tions. 

See this section in 1944 Supplement. 

§ 2118. Code supplements — preparations, etc. 

See this section in 1944 Supplement. 

§ 2118-3. Rules and regulations adopted pursuant to general and permanent 
laws. 

See this section in 1944 Supplement. 

§ 2118-4. Use certain sets of Code of Laws of South Carolina, 1942. 

See this section in 1944 Supplement. 
§ 2167. Personnel of forfeited land commission. 

1945 Acts and Joint Resolutions (44 Statutes at Large) page 33 provides for Union 
County forfeited land commission liquidate investments and turn monies over to 
treasurer. 

See also this section in 1944 Supplement. 

§ 2170. Sales — proceeds — titles. 
See this section in 1944 Supplement. 

§ 2195-1. Lease gas, oil and certain other minerals and mineral rights — 
royalty. 

See this section in 1944 Supplement. • 

§ 2244. Confederate home commission. 

(1) Appointment — terms — powers. — A commission consisting of nine mem- 
bers, five of whom shall be men shall be appointed by the Governor, and the 
other four members of the commission who shall be members of the State 
organization of the United Daughters of the Confederacy shall be appointed 
by the Governor upon the recommendation of the state organization of the 
United Daughters of the Confederacy, is hereby empowered and rec^uired 
to establish and manage the Confederate home of the infirm and destitute 
Confederate soldiers and sailors, indigent widows, wives, daughters, sisters 
and nieces of Confederate soldiers or sailors, seventy (70) years old or over, 
on what is known as the Bellevue place on Wallace land, and now owned 
by the State; that the terms of office of said commissioners shall be nine j-ears; 
provided, that the members of the commission so appointed as above provided 
shall determine by lot the term to be served by each so that the members 
shall serve for a period of one, two, three, four, five, six, seven, eight and nine 
years, respectively. Said commission shall prescribe rules regulating admis- 
sion to said Confederate home. Provided, that two veterans shall be admitted 
from each county, on the recommendation of the county board of honor ; 
provided, further, that in case any county board of honor fails to make such 
recommendation, the said commission may fill the vacancy from the same or 
any other county. 

1946 (44) 2595. 

1946 p 2595 changed the personnel of the membership and enlarged persons admit. 
Above subsection 1 replaces said subsection in 1942 Code. 



69 Code of Laws of South Carolina § 2296 

(2) Admission of widows, wives, sisters and daughters of Confederate vet- 
erans. — Said commission is hereby empowered to admit to the Confederate 
home the indigent wives, widows, sisters and daughters of any Confederate 
soldier or sailor who are seventy years of age or older and who are residents 
of South Carolina, under the same rules and regulations and conditions as 
now exist with reference to the admission of Confederate soldiers and sailors. 

1945 (44) 302. 

1945 p 302 enlarged persons admit. Above subsection 2 replaces said subsection in 
1942 Code. 

§ 2249. Limitations as to building on Sullivan's Island. 

See this section in 1944 Supplement. 

§ 2257. United States census of 1940 adopted. 

See this section in 1944 Supplement. 

§ 2269. Board of registration — appointment — term — duties and powers. — * * * 

Provided, that the board of registration for Lexington County shall be in- 
creased from three members to five members and the additional members 
shall be appointed for the term of office and in the same manner as is now 
provided for by law for the appointment of members of the board of regis- 
tration in this State. 

1945 (44) 280. 

Above proviso added by 1945 p 280. 

§ 2288. Registration for municipal elections. 

See this section in 1944 Supplement. 

§ 2296. — General election — names — locations. 

(23) Greenville. — The voting precincts for general elections for state and 
county officers in Greenville County shall be as follows : One precinct in each 
ward in the city of Greenville, to bear the same number as the ward in which 
it is located, to be placed hy the commissioners of elections. There shall 
also be a precinct at Poinsett Mills in ward tive (5) which shall be called 
Poinsett. Armstrong, at Armstrong school house; Batesville, at T. E. Green's 
store; Bates old field, at M. 0. Carter's mill; Berea, at Berea school house; 
Bessie, at or near Charles' store; Brandon, at company store building; Cher- 
okee, at Cherokee Grocery Company; City View, at R. H. Southerlin's store; 
Conestee, at company store building ; Dry Oak, at Dry Oak school house ; 
Double Springs, at Double Springs school house; Dunean, in hall over com- 
pany's store; East Dunklin, at J. E. Knight's store; Eastover, at Lee's filling 
station ; East View, at East View school house ; Ebenezer, at Ebenezer-Welcome 
school house ; Pairview, at Pairview stock show grounds ; Fork Shoals, at store 
building, near mill; Fountain Inn, at mayor's office; Gilreath's store, at Gil- 
reath's store; Gowansville, at J. C. Caldwell's store; Greer, at city clerk's 
office ; Greer Mill, at Y. M. C. A. building ; Highland, at or near old Wilson 
store site; Hillside, at T. T. ToUonson's store; Hopewell, at Hopewell school 
house; Jennings' Mill, at or near Jennings' Mill; Jonesville, at Jonesville's 
school house ; Judson, at company store building ; Laurel Creek, at Laurel 



§ 2296 1946 Supplement 70 

Creek school house; Lebanon, at Dave Ridgeway's store; Leuoah, at Lenoah 
school house; Lima, at Lima school house; Locust, at Locust fair grounds; Ma- 
rietta, at Batson Bros, store; Mauldin, at W. E. Gresham's store; Merritts- 
ville, at Ballenger's store; Mills Mill, at Y. M. C. A. building; Mission, at 
Mission school house ; Monaghan, at or near local mill office ; Mantague, at 
Joe Watkin's store; Mount Lebanon, at Mt. Lebanon school house; Mountain 
View, at Mountain VicAv school house; Oak Valley, at Oak Valley school 
house; Old Hundred, at Old Hundred school house; O'Neal, at or near O'Neal 
Mercantile Co.; Overbrook, at R. E. Griffin's store; Paris, at V. B. Turner's 
store; Park Place, at Grady Batson 's store; Piedmont, at Y. M. C. A. building; 
Oak Grove school house, near Walker Cross Roads ; Pleasant Hill, at Pleasant 
school house; Poinsett, at Woodman's hall near mill; J. W. Moon's store at 
Moonville; Reid's, at Reid's school house; Rock Hill, at Rock Hill school 
house; Sam-Poe, at Dacus' drug store; San Souci, at Economy grocery store; 
Simpsonville, at or near Farmers Bank ; Stewarts, at Stewarts Academy school 
house ; Tanglewood, at Tanglewood school house ; Taylors, at Flynn Bros. 
store; Tigerville, at Neeve's store; Travelers Rest, at Pooles' store; Union 
Bleachery, at Duncan's barber shop; Wares, at 0. R. Wares' store; West 
Dunklin, at West Dunklin school liouse; West Gantt, at West Gantt school 
house; West Greenville, at city hall; Woodside, at Y. M. C. A. building; 
A. W. McDavid's store; Westview, at or near J. W. Massey's store; Welcome, 
at Welcome school house ; Kelley 's store ; at Kelly 's store on Stafford Avenue. 

1946 (44) 1341, 1450. 

Subsection above replaces subsection 23, 1942 Code. 

(42) Spartanburg. — In the county of Spartanburg there shall be voting 
places as follows : Antioch ; Arcadia Mills ; Ardella ; Arkwright ; Arlington ; 
Arrowood; Ballenger; Ben Avon in Spartanburg township; Berry's (at 
Berry's post office); Berry Shoals; Bishop; Boiling Springs; Brannon's; 
Brooklyn; Campobello; Campton; Cannon's Camp Ground; Cashville; Cavins; 
Cedar Springs (at school house); Cherokee, Chesnee; Chesnee Mills; Clifton 
No. 1; Clifton No. 2 (to be known as Converse) ; Clifton No. 3; Cooley Springs 
in Cherokee township (at S. M. Lee's store) ; Cowpens; Crescent; Cross An- 
chor; Cunningham (at Cunningham's school house and to include the territory 
lying within a three mile radius thereof) ; Abner Creek School ; Drayton 
Mills; Duncan; Dutchman (at Brown's store); East Greer (at or near the 
intersection of Hampton road with Appalache road, and to include the terri- 
tory lying between Victor Mill and Appalache Mill and the adjacent rural 
sections); Enoree, Fairforest town; Fairforest Finishing Company plant 
Fairmont ; Fingerville ; Friendship in Glenn Springs township ; Glendale 
Glenn Springs; Golightly (at Morgan's store); Gramling; Green Pond 
Hayne Shop; Hebron; Hobbyville; Holly Springs (at Bruce 's store) ; Inman 
Inman Mills; Landrum ; Lyman; Mayo; Mayo Mills; Moore; Motlow's Creek 
Mt. Olive; McDowells (at W. T. McDowell's store) ; New Prospect, Pacolet; Pac 
olet Mills (within five hundred yards of the company's store) ; Parris ; Pauline 
Pelham; Poplar Springs; Powell Knitting Mill; Reidsville ; Roebuck; Saxon 
Selma; Sigsbee ; Swain; Switzer; Spartanburg ward 1, box 1, (to include the 



71 Code of Laws of South Carolina § 2296 

territory lying east of South Church and Caulcler Avenue, south of East 
Main Street and West of South Converse Street) ; Spartanburg, ward l,box 2, 
(to include the territory lying south of East Main Street, east of South Con- 
verse Street and West of Pine Street) ; Spartanburg, ward 1, box 3, (the 
voting place to be at Estes store and to include the territory lying south and 
east of South Church Street and south and west of Caulder Avenue) ; Spar- 
tanburg ward 1, box 4, (to include the territory lying east of Pine Street, 
south of East Main Street and west of Mills Avenue, except the south side 
of East Main Street between Hannon Court and Mills Avenue) ; Spartanburg, 
ward 1, box 5, (to include the territory lying south of East Main Street and 
east of Mills Avenue and the south side of East Main Street between Hannon 
Court and Mills Avenue) ; Spartanburg, ward 2, box 1, (to include the terri- 
tory lying south of West Main Street, east of South Thompson Street, west of 
South Church Street and north of Columbia Avenue and a line running west 
from the end of Columbia Avenue to where Fairforest Creek crosses South 
Thompson Street) ; Spartanburg, ward 2, box 2, (to include the territory 
lying south of ward 2, box 1, and east of South Thompson Street and west of 
South Church Street) ; Spartanburg, ward 3, (to include the territory lying 
north of West Main Street, east of Magnolia Street and West of North Church 
Street) ; Spartanburg, ward 4, box 1, (to include the territory lying north of 
East Main Street, east of North Church Street and south of the Atlantic- 
Charlotte Railroad) ; Spartanburg, ward 4, box 2, (to include the territory 
lying south of the Clinchfield railroad and north of the Atlantic-Charlotte 
railroad) ; Spartanburg, ward 4, box 3, (the voting place to be at Coggin's 
store and to include the territory lying east of North Church Street and north 
of Clinchfield railroad) ; Spartanburg, ward 5, box 1, (to include the territory 
lying north of West Main Street, east of Greenville Branch, south of the 
Southern railway and west of Magnolia Street) ; Spartanburg, ward 5, box 2, 
(to include the territory lying east of Greenville Branch to Folsom Street, 
then south of Folsom Street and east of Howard Street, north of the Southern 
railway, and west of Magnolia Street and North Church Street) ; Spartanburg, 
ward 6, box 1, (to include the territory lying west of Greenville Branch to 
Folsom Street, then north of Folsom Street and AVest of Howard Street, north 
of Wofford Street and east of AVolfe Street and Southern railroad) ; Spar- 
tanburg, ward 6, box 2, (the voting place to be where West End school is 
now located and to include the territory lying south of Woiford Street and 
west and north of Greenville Branch, West Main Street and South Thompson 
Street) ; Spartanburg, ward 6, box 3, (to include the territory lying north of 
Wofford Street, west of Wolfe Street and south and west of Southern railroad) ; 
Tueapau ; Una ; Valley Falls ; Victor Mills ; Walnut Grove ; Wellf ord ; White- 
stone ; Whitney; Woodruff City, box 1, Woodruff, ward 2; Woodruff, ward 6; 
Wood's Chapel; Zion Hill. 

1945 (44) 165. 

Subsection above replaces this subsection in 1944 Supplement. 

(43) Siunter. — In the county of Sumter there shall be voting places as 
follows: Sumter court house No. 1 (situated in ward 1 of the city of Sumter), 



§ 2296 1946 Supplement 72 

Sumter court house No. 2 (situated in ward 2 of the city of Sumter), Sumter 
court house No. 3 (situated in ward 3 of the city of Sumter), Sumter court 
house No. 4 (situated in ward 4 of the city of Sumter), Statesburg, Providence, 
Rafting Creek, Oswego, Mayesville, Shiloh, Concord, Privateer Station, Wedge- 
field, Pinewood and DuBose. 

1945 (44) 36. 

Subsection above replaces this subsection, 1942 Code. 

See also this section in 1944 Supplement. 

§ 2301. PoUs — hours open — oath of voters. — The polls shall be opened at 
such voting places as shall be designated 8 o'clock in the forenoon and close 
at 4 o'clock in the afternoon of the day of election except in the cities of 
Charleston and Columbia and York County where the closing hours shall be 
6 o'clock in the afternoon, and shall be held open during these hours without 
intermission or adjournment, and the managers shall administer to each person 
appearing to vote an oath that he is qualified to vote at this election according 
to the Constitution of this State, and that he has not voted during this election. 

1945 (44) 7. 

1945 p 7 changed punctuation and added and York County. This section replaces 
§ 2301, 1942 Code. 

§§ 2330-1 thru 2330-10. Certain members U. S. armed forces, certain mem- 
bers U. S. merchant marine and certain Red Cross and USO workers vote. 

See these sections in 1944 Supplement. 

§ 2331. Unitedi States Senator — election — vacancy. 

See this section in 1944 Supplement. 

§§ 2352 thru 2357. Filling of elective and appointive public offices, holding of 
referenda, and doing of acts upon petitions, and repeal primary provisions. 

See these sections in 1944 Supplement. 

§ 2358. Political clubs and voting places. — Repealed hy 1944 ^c^s and Joint 
Resolutions (I^o Statutes at Large) page 2241. 

§ 2359. Enrollment books — notice of opening — mode of enrollment — com- 
mittee — closing books — purging rolls — filings, etc. — Repealed ly 1944 -^c/s and 
Joint Resolutions (43 Statutes at Large) page 2241. 

§ 2360. County convention — how composed — organization — appeals. — Re- 
pealed hy 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2241. 

§ 2361. State committee — vacancy — officers — meetings — term of office. — 

Repealed hy 1944 Acts and Joint Resolutions (43 Statutes at Large) page 224-1. 

§ 2362. State convention — how composed — meetings^ — organization — vacancy. 

— Repealed hy 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2241. 

§ 2363. County committee — how composed — officers — vacancy — meetings — 
duties. — Repealed hy 1944 Acts and Joint Resolutions (43 Statutes at Large) 
page 2241. 



73 Code of Laavs of South Carolina § 2382 

§ 2365. Primary election on last Tuesday in August — arrangements of voting 
place — opening and closing polls — diUty of managers — ballot boxes — oaths — 
tickets — ballots in wrong box — excessive ballots — challenges. — Repealed hy 
1944 Acts and Joint Resolutions (43 Statutes at Large) page 2241. 

§ 2366. Tabulation of returns — result of primary — state committee protests 
and contests — appeals — majority vote. — Repealed hy 1944 ^c^s and Joint Reso- 
lutions (43 Statutes at Large) page 2241. 

§ 2367. Second primary. — Repealed hy 1944 Acts and Joint Resolutions (43 
Statutes at Large) page 2241. 

§ 2368. Certain municipal registration. — Repealed hy 1944 Acts and Joint 
Resolutions (43 Statutes at Large) page 2241. 

§ 2369. Cumulative — additional party vote. — Repealed hy 1944 Acts and Joint 
Resolutions (43 Statutes at Large) page 2241. 

§ 2370. Penalties for violations — oaths. — Repealed hy 1944 Acts and Joint 

Resolutions (43 Statutes at Large) page 2241. 

§ 2373. Booths at primary elections — not apply outside incorporated cities 
and towns. — Repealed hy 1944 Acts and Joint Resolutions (43 Statutes at Large) 
pages 2220 and 2221. 

§ 2374. Polling places. — Repealed hy 1944 Acts and Joint Resolutions (43 
Statutes at Large) pages 2220 and 2221. 

§ 2375. Tickets. — Repealed hy 1944 Acts and Joint Resolutions (43 Statutes at 
Large) pages 2220 and 2221. 

§ 2376. Preparation of ballots. — Repealed hy 1944 Acts and Joint Resolutions 
(43 Statutes at Large) pages 2220 and 2221. 

§ 2377. When and how voter may be assisted. — Repealed hy 1944 Acts and 
Joint Resolutions (43 Statutes at Large) pages 2220 and 2221. 

§ 2378. Admission to polling places. — Repealed hy 1944 Acts and Joint Reso- 
lutions (43 Statutes at Large) pages 2220 and 2221. 

§ 2379. Interference with election. — Repealed hy 1944 Acts and Joint Reso- 
lutions (43 Statutes at Large) pages 2220 and 2221. 

§ 2380. Managers to account for ballots. — Repealed hy 1944 Acts and Joint 

Resolutions (43 Statutes at Large) pages 2220 and 2221. 

§ 2381. Inconsistent provisions repealed. — Repealed hy 1944 Acts and Joint 
Resolutions (43 Statutes at Large) pages 2220 and 2221. 

§ 2382. State executive committee to make regulations for voting by persons 
in U. S. service. — Repealed hy 1944 Acts and Joint Resolutions (43 Statutes at 
Large) pages 2220 and 2221. 



§ 2383 1946 Supplement 74 

§ 2383. Clubs and club districts. — Repealed by 1944- ^cfs and Joint Resolu- 
tions (43 Statutes at Large) page 2221, 

§ 2384. Duties of applicant for enrollment. — Repealed hy 1944 ^c^s and Joint 
Resolutions (43 Statutes at Large) page 2221. 

§ 2385. Enrollment books. — Repealed by 1944 ^cts and Joint Resolutions (43 
Statutes at Large) page 2221. 

§ 2386. Oath of applicant for enrollment. — Repealed by 1944 -^cts and Joint 
Resolutions (43 Statutes at Large) page 2221. 

§ 2387. Wrongful enrollment — perjury — prima facie evidence. — Repealed by 
1944 ^cts and Joint Resolutions (43 Statutes at Large) page 2221. 

§ 2388. Closing of enrollment books — duties of secretary — county auditor — 
subject to inspection — publication — committee meeting — complaints — purging 
rolls — notice. — Repealed by 1944 ^c^s and Joint Resolutions (43 Statutes at 

Large) imge 2221. 

§ 2389. Certification of rolls— names stricken to be published.— Eepeaie^Z by 
1944 'A.cts and Joint Resolutions (43 Statutes at Large) page 2221. 

§ 2390. Book deliver to managers — when to be returned. — Repealed by 1944 
Acts and Joint Resolutions (43 Statutes at Large) page 2221. 

§ 2391. Booths. — Repealed by 1944 -^ct? and Joint Resolutions (43 Statutes 
at Large) page 2221. 

§ 2392. Polling ipl&ces.— Repealed by 1944 Acts and Joint Resolutions (43 
Statutes at Large) page 2221. 

§ 2393. Tickets. — Repealed by 1944 ^cts and Joint Resolutions (43 Statutes 
at Large) page 2221. 

§ 2394. Managers responsible for ballots^ — when voter receive ballot — regu- 
lations for casting.- — Repealed by 1944 ^cts and Joint Resolutions (43 Statutes 
at Large) page 2221. 

§ 2395. Assistance to illiterate or physically disabled voter. — Repealed by 
1944 Acts and Joint Resolutions (43 Statutes at Large) page 2221. 

§ 2396. Certain persons admitted to polling places. — Repealed by 1944 -^c#s 
and Joint Resolutions (43 Statutes at Large) page 2221. 

§ 2397. Watchers of officers not to obstruct managers or voters — polls not 
to be approached. — Repealed by 1944 -^c^s and Joint Resolutions (43 Statutes 
at Large) page 2221. 

§ 2398. Duties of managers. — Repealed by 1944 ^c^s and Joint Resolutions 
(43 Statutes at Large) page 2221. 

§ 2399. Party rules. — Repealed by 1944 ^cfs and Joint Resolutions (43 Stat- 
utes at Large) page 2221. 



75 Code of Laws of South Carolina § 2400-14 

§ 2400. Penalties violate — oaths administered. — Repealed hy 1944 ^cts and 
Joint Resolutions (43 Statutes at Large) page 



§ 2400-1. Time — board of commissioners of election and board of managers 
of elections conduct — duties of political parties — challenge voters^ — candidates 
— ballots — votes receive elect — second primary — duties of supervisors of reg- 
istration — time register. — Repealed hy 1944 ^cfs and Joint Resolutions (4S 
Statutes at Large) pages B239 and 2240. 

§ 2400-2. Give age and address when enrolling — reside within city enroll or 
vote. — Repealed hy 1944 ^c^s and Joint Resolutions (43 Statutes at Large) pages 
2239 and 2240. 

§ 2400-3. Rules and regulations applicable. — Repealed hy 1944 ^c<s and Joint 

Resolutions (43 Statutes at Large) pages 2239 and 2240. 

§ 2400-4. Application — general election. — Repealed hy 1944 -^cts and Joint 
Resolutions (43 Stat^ites at Large) pages 2239 and 2240. 

§ 2400-5. Time — commissioners of election conduct — duty of political parties 
— ^voters — challenge votes — candidates — second primary. — Repealed hy 1944 
Acts and Joint Resolutions (43 Statutes at Large) page 2245. 

§ 2400-6. Books of registration. — Repealed hy 1944 -^.cis and Joint Resolu- 
tions (43 Statutes at Large) page 2245. 

§ 2400-7. Election commissioners — appointment — term — city executive com- 
mittees. — Repealed hy 1944 -^cts and Joint Resolutions (43 Statutes at Large) 
page 2246. 

§ 2400-8. Party primary to nominate mayor or councilmen — ^time — voters — 
oath to vote — requirements of candidates — ballots — number of votes elect — 
second primary. — Repealed hy 1944 -^c^s and Joint Resolutions (43 Statutes at 
Large) page 2246. 

§ 2400-9. Enrollment books — when open — who eligible to enroll — tissue cer- 
tificates to those enrolled — place of books — inspection of books — when names 
may be purged — requirements to vote. — Repealed hy 1944 ^cts and Joint Reso- 
luiions (43 Statutes at Large) page 2246. 

§ 2400-11. Enrollment. — Repealed hy 1944 -^ds and Joint Resolutions (43 
Statutes at Large) page 2219. 

§ 2400-12. Enrollment books. — Repealed hy 1944 ^cts and Joint Resolutions 
(43 Statutes at Large) page 2219. 

§ 2400-13. Enrollment oath. — Repealed hy 1944 ^cts and Joint Resolutions 

(43 Statutes at Large) page 2219. 

§ 2400-14. Penalties. — Repealed hy 1944 ^c^s and Joint Resolutions (43 Stat- 
utes at Large) page 2219. 



§ 2400-15 1946 Supplement 76 

§ 2400-15. OiFicial club roll. — Repealed hy 1944 Acts and Joint Resolutions 

(43 Statutes at Large) page 2219. 

§ 2400-16. Managers — duties as to enrollment books and boxes. — Repealed hy 
1944 Acts and Joint Resolutions (43 Statutes at Large) page 2219. 

§ 2400-17. Booths. — Repealed by 1944 Acts and Joint Resolutions (43 Statutes 
at Large) page 2219. 

§ 2400-18. Table for managers. — Repealed hy 1944 Acts and Joint Resohi- 
tions (43 Statutes at Large) page 2219. 

§ 2400-19. Ballots — contents — numbers — amount. — Repealed hy 1944 Acts and 
Joint Resolutions (43 Statutes at Large) page 2219. 

§ 2400-20. Ballots — duties of managers as to voting — second. — Repealed hy 
1944 Acts and Joint Resolutions (43 Statutes at Large) page 2219. 

§ 2400-21. Persons assist in voting. — Repealed hy 1944 Acts and Joint Reso- 
lutions (43 Statutes at Large) page 2219. 

§ 2400-22. Persons admit to polling places and canvass of vote. — Repealed hy 
1944 Acts and Joint Resolutions (43 Statutes at Large) page 2219. 

§ 2400-23. Interference with managers — obstruction of voting. — Repealed hy 
1944 Acts and Joint Resolutions (43 Statutes at Large) page 2219. 

§ 2400-24. Returns. — Repealed hy 1944 Acts and Joint Resolutions (43 Stat- 
utes at Large) page 2219. - 

§ 2400-25. Party rvles. ^Repealed hy 1944 Acts and Joint Resolutions (43 
Statutes at Large) page 2219. 

§ 2400-26. Penalties — oath. — Repealed hy 1944 Acts and Joint Resolutions (43 
Statutes at Ixirge) page 2219. 

§ 2400-27. Board of commissioners of election — appointment — term — removal 
— vacancy — compensation— powers — city executive committees. — Repealed hy 
1944 Acts and Joint Resolutions (43 Statutes at Large) page 2219. 

§ 2400-28. Party primary nominate candidates for mayor or councilman 
— how conduct^time — persons vote — voter's oath — candidates — ballots — votes 
necessary elect — second primary. — Repealed hy 1944 Acts and Joint Resohi- 

tions (43 Statutes at Large) page 2219. 

§ 2400-29. Books of enrollment — enrollment of persons — correct certify — use 
— persons vote— lost. — Repealed hy 1944 Acts and Joint Resolutions (43 Stat- 
utes at Large) page 2219. 

§ 2400-30. Qualifications for party membership^ — tax receipt not necessary 
enroll vote in primary. — Repealed hy 1944 Acts and Joint Resolutions (43 
Statutes at Large) page 2219. 



77 Code of Laws of South Carolina § 2408 

§ 2400-31. Issue absentee ballots to persons absent or unable vote in person 
on account of sickness in municipal primaries, cities 6,000 to 6,500. — Repealed 
by lOJfJf Acts and Joint Resolutions (4-3 Statutes at Large) page 2219. 

§ 2400-32. Application for ballot. — Repealed by 1944 ^ds and Joint Resolu- 
tions (4-3 Statutes at Large) page 2219. 

§ 2400-33. Delivery of ballot and instructions. — Repealed by 1944 ^cts and 
Joint ResoUdions (43 Statutes at Large) page 2219. 

§ 2400-34. Form of coupon. — Repealed by 1944 ^c^s and Joint Resolutions 
(43 Statutes at Large) page 2219. 

§ 2400-35. Marking and mailing of ballot. — Repealed by 1944 ^cts and Joint 
Resolutions (43 Statutes at Large) page 2219. 

§ 2400-36. Receipt and custody of ballot from voter. — Repealed by 1944 -^cts 
and Joint Resolutions (43 Statutes at Large) page 2219. 

§ 2400-37. Delivery of ballots to managers. — Repealed by 1944 ^c^s and Joint 
Resolutions (43 Statutes at Large) page 2219. 

§ 2400-38. Counting of ballots. — Repealed by 1944 ^cfs and Joint Resolutions 
(43 Statutes at Large) page 2219. 

§ 2400-39. Construction — decisions of enrollment committee or club secretary 
as to persons vote by mail final. — Repealed by 1944 ^ds and Joint Resolutions 
(43 Statutes at Large) page 2219. 

§2401. Board for appeals in municipal primaries — protests — papers. — 

Repealed by 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2231. 

§ 2402. — Board of state canvassers for municipal primaries — oath — bond. — 

Repealed by 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2231. 

§ 2403. Vacancies. — Repealed by 1944 Acts and Joint Resolutions (43 Statutes 
at Large) page 2231. 

§ 2404. Watchers in counties with city over 20,000. — Repealed by 1944 Acts 
and Joint Resolutions (43 Statutes at Large) page 2231. 

§ 2405. Restrictions of voters in primary elections. — Repealed by 1944 Acts 
and Joint Resolutions (43 Statutes at Large) page 2231. 

§ 2406. Voting by absentees at primary — elections — causes of absence. — 

Repealed by 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2231. 

§ 2407. Application for ballot. — Repealed by 1944 Acts and Joint Resolu- 
tions (43 Statutes at Large) page 2231. 

§ 2408. Forwarding of ballot, etc. — Repealed by 1944^ Acts and Joint Resolu- 
tions (43 Statutes at Large) page 2231. 



§ 2409 1946 Supplement 78 

§ 2409. Form of "Voucher". — Repealed by 19U Acts and Joint Resolutions 

(JiB Statutes at Large) page 2231. 

§ 2410. Form of "Coupon". — Repealed by 194^ Acts and Joint Resolutions 
(43 Statutes at Large) page 2231. 

§ 2411. Marking and mailing of ballot. — Repealed by 1944 -^cfs and Joint 
Resolutions (43 Statutes at Large) page 2231. 

§ 2412. Receipt and custody of ballot. — Repealed by 1944 ^cts and Joint 
Resolutions (43 Statutes at Large) page 2231. 

§ 2413. Delivery to managers. — Repealed by 1944 ^c^s and Joint Resolutions 
(43 Statutes at Large) page 2231. 

§ 2414. Counting of ballot. — Repealed by 1944 ^ots and Joint Resolutions 
(43 Statutes at Large) page 2231. 

§ 2415. Provisions to be liberally construed — decision of club secretary final. 
Repealed by 1944 -^cts and Joint Resolutions (43 Statutes at Large) page 2231. 

§ 2416. Marking false statement — penalty. — Repealed by 1944 -^c#s and Joint 
Resolutions (43 Statutes at Large) page 2231. 

§ 2416-1. Print blanks use in absentee voting in primaries only for addi- 
tional parties. — Repealed by 1944 Acts and Joint Resolutions (43 Statutes at 
Large) page 2231. 

§ 2417. Colors and labels of ballots and boxes at primary elections. — Repealed 
by 1944 -^Gts and Joint Resolutions (43 Statutes at Large) page 2231. 

§ 2418. No candidate required to resign other office. — Repealed by 1944 -^c^s 

and Joint Resolutions (43 Statutes at Large) page 2231. 

§ 2418-1. Abbeville County — voting precincts. — Repealed by 1944 ^c^s and 
Joint Resolutions (43 Statutes at Large) pages 2328 and 2329. 

§ 2418-2. Cherokee County — voting precincts. — Repealed by 1944 -^cts and 
Joint Resolutions (43 Statutes at Large) page 2329. 

§ 2418-3. Dorchester County. — Repealed by 1944 -^cts and Joint Resolutions 
(43 Statutes at Large) pages 2260 and 2201. 

§ 2418-4. Lee and Lexington Counties — assessments on candidates. — Repealed 
by 1944 Acts and Joint Resolutions (4^ Statutes at Large) pages 2262 and 2263. 

§ 2418-5. Richland County — enrollment and voting. — Repealed by 1944 Acts 
and Joint Resolutions (43 Statutes at Large) page 2336. 

§ 2418-6. Spartanburg County — voting precincts. — Repealed by 1944 -^cts and 
Joint Resolutions (44 Statutes at Large) pages 2256 and 2256. 



79 Code of Laws of South Carolina § 2440-1 

§ 2419. Created — members. — In order to effectively carry into execution the 
equitable assessment of property for taxation, there is hereby created a com- 
mission composed of five members to be known as the South Carolina tax 
commission. 
1945 (44) 337. 

1945 p 337 increased the membership to five. Above section replaces § 2419 in 1942 
Code. 

§ 2420. Appointment — term — removal. 

See § 1851 this supplement. 

§ 2438. — Officers and employees of State and subdivisions liable to income tax. 
— All officers and employees of the State of South Carolina and all subdivisions 
thereof shall pay an income tax to the State of South Carolina at the same 
rate that all other individuals are taxed. 

The provisions of this section shall be effective as to income received on and 
after January 1, 1939, except as to income received by constitutional officers 
of the State of South Carolina and as to the income of such constitutional 
officers the provisions of this subdivision shall become effective as their re- 
spective terms expire on and after July 1, 1939. 

1946 (44) 1491. 

1946 p 1491 eliminated proviso in Code to this section and added last paragraph 
above. Above section replaces section 2438, 1942 Code. 

§ 2440. Tax on corporations. 

(a) Corporations generally. — Every corporation organized under the laws 
of this State shall make a return and shall pay annually an income tax equiv- 
lent to four and one-half (41/^ % ) per centum of the entire net income of such 
corporation as herein defined received by such corporation during the income 
tax year; and, except as herein provided, every foreign corporation doing 
business or having an income within the jurisdiction of this State shall make 
a return and shall pay annually an income tax equivalent to four and one-half 
(41/^ % ) per centum of a proportion of its entire net income to be determined 
as herein provided in this article ; provided, the amount of tax shall not be 
less than would be produced by applying a rate of three (3%) per centum 
to a base consisting of the entire net income plus salaries and other compen- 
sation paid to all elective and appointed officers and to any stockholder own- 
ing in excess of five (5%) per centum of the issued capital stock of the cor- 
poration, after deducting from the base six thousand ($6,000.00) dollars and 
any deficit reported for the year. 

This subdivision shall be effective as to all income received on and after 
January 1, 1941. 

1946 (44) 1491. 

Above subsection replaces said subsection in 1942 Code. 

See this section in 1944 Supplement and § 2440-1 this supplement. 

§ 2440-1. Contributions corporations deduct in determining net income for 
income taxes. — In computing the net income for income tax purposes of cor- 
porations for taxable years beginning on and after July 1, 1944, there shall 
be allowed as deductions from the net income as determined for South Caro- 



§ 2440-1 1946 Supplement 80 

lina income tax purposes all contributions by such corporations to or for the 
use of (1) the State of South Carolina, or any political subdivision thereof, 
for exclusive public purposes; or (2) any institution owned, operated, con- 
trolled or supported by the State of Soutli Carolina, or any of its political sub- 
divisions; or (3) the American Red Cross; or (4) any charitable or eleemosy- 
nary corporation, trust, community chest or foundation organized and oper- 
ated exclusively for doing religious, charitable, scientific, literary or edu- 
cational work within South Carolina, if no part of the earning or income 
of the same inures to the benefit of any private shareholder or individual, 
and if no part of the activities of the same consist of carrying on propaganda, 
or otherwise attempting to influence legislation or are activities usually en- 
gaged in by chambers of commerce, boards of trade, or the like ; provided, 
that the total deduction to be allowed any corporation by reason of the con- 
tributions to the foregoing, shall not exceed five (5%) percent of the corpor- 
ation's net income as computed, without the benefit of the deductions allowed 
b}^ this paragraph. 

In the case of corporations as to which the basis for ascertaining net income 
is prescribed by section 2440 (b) "net operating income", "operating ex- 
penses", and "operating ratio", determined as now provided by law shall 
be revised and adjusted for income tax purposes to the extent necessary to 
reflect the deductions allowed by paragraph 1 above. 

1945 (44) 278. 

§ 2444. Computation of tax. 

See this section in 1944 Supplement. 

§ 2445. Basis of return of net income. 

Accrual basis of accounting approved. Tax Com., 1945, 206 S. C. 307, 34 S. E. 
Southern Weaving Co. v. South Carolina 2d 51. 

§ 2449. Deductions. 

See this section in 1944 Supplement. 

§ 2451. Nonresidents and foreign corporations. — (1) If the entire trade or 
business of a nonresident individual or foreign corporation is carried on in 
the jurisdiction of this State the tax imposed by this article shall be com- 
puted upon the entire net income of such nonresident individual or foreign 
corporation. 

(2) If the principal business of a nonresident individual or a foreign cor- 
poration in this State is manufacturing, or if it is any form of collecting, buy- 
ing, assembling, or processing goods and materials within this State, such 
nonresident individual or foreign corporation shall make returns and pay 
annually an income tax upon a proportion of its entire net income to be 
determined according to the following rules : the proportion shall be com- 
puted on the basis of the arithmetical average of the following two ratios : 
(a) the ratio of the value of the real estate and tangible personal property 
in this State to the value of the entire real estate and tangible personal prop- 
erty, with no deductions on account of encumbrances thereon; (b) the ratio 
of the total cost of manufacturing, collecting, buying, assembling, or pro- 



81 Code of Laws of South Carolina § 2451 

cessing within this State during the income year to the total costs of manu- 
facturing, collecting, buying, assembling, or processing within and without 
the State during such income year. The term 'cost of manufacturing, col- 
lecting, buying, assembling, or processing' as used herein shall be interpreted 
in a manner to conform as nearly as may be to the best accounting practice 
in the trade or business. Unless in the opinion of the tax commission the 
peculiar circumstances in any case justify a different basis, this term shall 
be generally interpreted to include as elements of cost within and without 
this State the following : the total cost of all goods, materials, and supplies 
used in manufacturing, assembling, or processing, regardless of where pur- 
chased; the total wages and salaries paid or accrued during the income year 
in such manufacturing, assembling, or processing activities ; the total overhead 
or manufacturing burden properly assignable according to good accounting 
practice to such manufacturing, assembling, or processing activities ; not in- 
cluding, however, property, privilege, stamp, or other taxes. 

(3) If the principal business of a nonresident individual or a foreign cor- 
poration in this State is selling, distributing, or dealing in tangible personal 
property within this State such nonresident individual or foreign corporation 
shall make returns and pay annually an income tax upon a proportion of its 
entire net income determined according to the following rules : the proportion 
shall be computed upon the basis of the arithmetical average of the following 
two ratios: (a) the ratio of the value of the real estate and tangible personal 
property, in this State during the income year to the value of the total real 
estate and tangible property during the income year with no deductions on 
account of encumbrances thereon: (b) the ratio of the total sale made within 
this State during the income year which were principally secured, negotiated 
or effected by employees, agents, consignees, officers, or branches of the tax- 
payer resident or located in the State, to the total sales made everywhere 
during the said income year. 

(4) If the principal profits or income of a nonresident individual or foreign 
corporation is derived from sources other than manufacturing, collecting, buy- 
ing, assembling, or processing ; or from sources other than the selling, dis- 
tributing or dealing in tangible personal property such nonresident individual 
or foreign corporation shall make returns and pay annually an income tax 
upon a proportion of its entire net income to be determined according to the 
following rule : the proportion shall be computed on the basis of the ratio of 
gross receipts in this State during the income year to the total gross receipts 
for such year within and without the State. 

(5) When a nonresident individual or foreign corporation has a gain or 
loss from the sale of real estate located within South Carolina, the gain or 
loss rising from such sale shall be determined in accordance with the provisions 
of section 2446 and the tax thereon shall be paid at the rate provided by this 
article. 

(6) The term 'tangible property' as used in this article includes only the 
property held or used to produce income which is derived from sources partly 
within and partly without the State. Such property shall be taken at its actual 



§ 2451 1946 Supplement 82 

value, which in the case of property valued or appraised for purpose of inven- 
tory, depreciation, depletion or other purposes shall be the highest amount 
at which so valued or appraised and which in other cases shall be deemed 
to be its book value in the absence of affirmative evidence showing such 
value to be greater or less than the actual value, no deductions on account 
of depreciation, depletion or obsolescence. The average value during the 
taxable year or period shall be employed. The average value of property 
as above described at the beginning and end of the taxable year or period 
ordinarily may be used, unless by reason of material changes during the tax- 
able year or period, such average does not fairly represent the average for 
such year or period, in which event the average shall be determined upon a 
monthly or daily basis. 

(7) Where the property ratio provided by this article is involved, the term 
'entire net income' shall include only the entire net income from property 
held or used to produce income which is derived from sources partly within 
and partly without South Carolina ; provided, that for the purposes of ap- 
portionment under the provisions of this article no gain or loss from the sale 
of real property, shall be included in the ' entire net income ' to be apportioned. 

(8) When a nonresident individual or a foreign corporation maintains 
books of account and records in such manner as to clearly reflect the true net 
income accruing or arising from sources within this State, the return may, 
with the approval of the tax commission, be based upon such books of account 
or records and the tax paid upon the net income so determined. Provided, 
that where the tax commission finds the books of account and records suf- 
ficiently clear, in its opinion, to show the true net income arising from sources 
within this State it may require the return to be filed upon such basis and 
calculate the tax due upon the net income so determined. 

(9) This section shall be effective as of January 1, 1941. 
1946 (44) 1491. 

Above section replaces § 2451 in 1942 Code. 

§ 2453. Persons and corporations required to make returns — execution — 
penalties. 

See this section in 1944 Supplement. 

§ 2458. Collection and payment — allocation of receipts — expenses — rules and 
regulations. — (1) The full amount of the tax payable as shown on the face 
of the return shall be paid to the South Carolina tax commission at the office 
where the return is filed, at the time fixed by law for filing the return. If 
the taxpayer so elects he may pay the tax in four (4) equal installments, in 
which case the first installment shall be paid on the date prescribed for the 
payment of the tax by the taxpayer. The second installment shall be paid 
on the fifteenth day of the third month, the third installment on the fifteenth 
day of the sixth month and the fourth installment on the fifteenth day of 
the ninth month after such date. If any installment is not paid on or before 
the date fixed for its payment, the entire amount of unpaid tax, interest and 
penalty, shall become due and payable. If the taxpayer is granted an ex- 



83 Code of Laws of South Carolina § 2462 

tension of time in which to file income tax return, the interest on deferred 
payments shall in no instance exceed six (6%) per cent, per annum on such 
deferred payments from the time the return is due to be filed until the tax 
due thereon is paid. Provided, that the provisions of this section shall not 
apply to the payment of additional taxes assessed by the tax commission, 
such additional taxes to be paid as now required by law. Provided, further, 
that all revenue from the income tax shall be allocable to the revenues and 
appropriations for the fiscal year in which the first installment comes due 
and the state treasurer is hereby authorized to borrow in anticipation of 
all deferred installments if such revenues be necessary to pay appropriations. 

(2) If the tax commission finds that the assessment or the collection of a 
tax or a deficiency for any year, current or past, will be jeopardized in whole 
or in part by delay, the said tax commission may mail or issue notice of 
such. finding to the taxpayer together with a demand for immediate payment 
of the tax or the deficiency declared to be in jeopardy (including interest, 
penalties and additions thereto). In the case of the tax for a current period, 
the tax commission may declare the taxable period of the taxpayer imme- 
diately terminated and shall cause notice of such finding and declaration to 
be mailed or issued to the taxpayer, together with a demand for immediate 
payment of the tax based on the period declared terminated, and such tax 
shall be immediately due and payable whether or not the time otherwise 
allowed by law for filing the return and paying the tax has expired. Such 
assessment or assessments provided for in this subsection shall be immediately 
due and payable and proceedings for collection shall commence at once, and 
if such tax is not paid upon demand of the tax commission, said tax commis- 
sion is hereby authorized and directed to forthwith issue a warrant of dis- 
traint against the property of the taxpayer, or in its discretion the tax 
commission may require the taxpayer to file such indemnity bond as in the 
judgment of the tax commission may be sufficient to protect the interest of 

the State. 

(3) The tax may be paid with uncertified check, during such time and 

under such regulations as the tax commission shall prescribe, but if a check 
so received is not paid by the bank on which it is drawn, the taxpayer by 
whom such check is tendered shall remain liable for the payment of the tax 
and for all legal penalties, the same as if such check had not been tendered. 

(4) The tax commission is hereby authorized to prescribe such rules and 
regulations as may be necessary properly to carry out the provisions of this 
section. 

(5) Out of the revenue and interest derived under the provisions of sec- 
tions 2435 to 2479, inclusive, as amended, the tax commission is hereby 
authorized to expend so much as is necessary to defray the additional ex- 
penses incurred in the administration and enforcement of this section. All 
such expenditures shall be made upon the approval of the budget commission. 

1946 (44) 1491. 

Above section replaces § 2458 in 1942 Code. 

§ 2462. Collection of delinquent income tax, interest and penalties. — If any 

tax, interest or penalty imposed by this article remain due and unpaid for a 



§ 2462 1946 Supplement 



84 



period of ten (10) days, the tax commission shall issue a warrant under its 
hand and official seal directed to the sheriff or tax collector of any county 
in the State commanding him to levy upon and sell the real and personal 
property of the taxpayer found within his county for the payment of the 
amount thereof with added penalties, interest and the cost of executing the 
warrant and to return such warrant to the tax commission and pay to it the 
money collected by virtue thereof by a time to be therein specified, not more 
than sixty (60) days after the receipt of the warrant. Immediately upon 
receipt of the warrant, the sheriff or tax collector shall file with the clerk 
of court of his county a copy thereof and thereupon the clerk of court shall 
enter in the judgment docket, in the column for judgment debtors, the name 
of the taxpayer mentioned in the warrant, and in appropriate columns the 
amount of the tax or portion thereof and penalties for which the warrant is 
issued and the date when such copy is filed, and shall index the warrant 
upon the index of judgments, and thereupon the amount of such warrant 
so docketed shall become a lien upon the title to and interest in real prop- 
erty or chattels real of the taxpayer against whom it is issued in the same 
manner as a judgment duly docketed in the office of said clerk. The sheriff 
or tax collector shall proceed upon the warrant in all respects with like 
effect and in the same manner prescribed hy law in respect to executions 
issued against property upon judgments of a court of record. The sheriff 
or tax collector, and the clerk of court shall be entitled to the same fees 
for service in executing and recording the warrant to be collected in the 
same manner as prescribed by law in respect to the executions issued against 
property upon judgments of a court of record. If a warrant be returned 
not satisfied in full, the tax commission shall have the same remedies to 
enforce the claim for taxes against the taxpayer as if the people of the State 
had recovered judgment against the taxpayer for the amount of the tax. 

1946 (44) 1491. 

Above section replaces § 2462 in 1942 Code. 

§ 2469. Payment under protest. 

Taxpayer is not liable for state income come and not be deducted from its tax- 
taxes on amount refunded to U. S. Govern- able income during the year in which it 
ment under the Renegotiation Act. Said was refunded. Southern Weaving Co. v. 
refund should be allowed as a reduction South Carolina Tax Com., 1945, 206 S. C. 
in taxpayer's taxable income for its fiscal 307, 34 S. E. 2d 51. 
year during which it was received as in- 

§ 2480. What transfers are taxable — rates of taxation — exemptions — trans- 
fers defined. — A tax is hereby imposed upon the transfer of any property, 
real, personal or mixed, or of any interest therein or income therefrom, in 
trust or otherwise, and such transfer shall be held and construed to include 
all debts and all obligations, secured and unsecured, owned by any resident, 
citizen, person or corporation of this State to any nonresident, except bonds 
issued by the State of South Carolina, or any subdivision thereof, and farm 
loan bonds issued pursuant to the act of Congress, known as the Farm Loan 
Act, approved the 17th day of July, 1917, and collateral trust debentures 
or other similar obligations issued pursuant to the act of Congress, known 



85 Code of Laws of South Carolina ■ § 2480 

as the Agricultural Credits Act of 1923, approved March 4th, 1923, when 
such bonds are held and owned by any nonresident without the State of 
South Carolina, and all property and the rights of any nature whatsoever over 
which this State has jurisdiction to enforce the payment of the tax, to persons, 
institutions or corporations, not hereinafter exempted, for the support of the 
state government in the following cases : 

(a) When the transfer is by will or by tlie intestate laws of this State from y 
any person dying, seized or possessed of the property while a resident of 
the State. 

(b) When the transfer is by Avill or intestate laws of property within the 
State, and the decedent Avas a nonresident of the State at the time of his 
death. 

(c) When the transfer is of property made by a resident or by a nonresident 
when such nonresident's property is within this State, by deed, grant, bargain, 
sale or gift, made in contemplation of death of the grantor, vendor or 
donor, or intended to take effect in possession or enjoyment at or after such 
death. Transfers of property by gift or deed, between parties related by blood 
or marriage, made and completed within five years prior to death, and without 
an adequate, valuable consideration, shall be considered made in contempla- 
tion of death. 

(d) Whenever any person, institution or corporation shall exercise a power 
of appointment derived from any disposition of property made either before 
or after the passage of this article, such appointment, when made, shall be 
deemed a taxable transfer under the provisions of this article, in the same 
manner as though the property to which such appointment relates belong 
absolutely to the donee of such power and had been bequeathed or devised 
by such donee by will ; and whenever any person or corporation possessing 
such a power of appointment so derived shall omit or fail to exercise the 
same within the time provided therefor, in whole or in part, a transfer tax- 
able under the provisions of this article shall be deemed to take place to the 
extent of such omission or failure, in the same manner as though the person 
or corporation thereby becoming entitled to the possession or enjoyment of 
the property to which such power related had succeeded thereto by a will 
of the donee of the power failing to exercise such power, taking effect at the 
time of such omission or failure. 

(e) Whenever property, real or personal, is held in the joint names of two 
or more persons, or is deposited in banks or other institutions or depositories 
in the joint names of two or more persons and payable to either, or the sur- 
vivor, upon the death of one of such persons the right of the surviving joint 
tenant or joint tenants, person or jDcrsons to the immediate ownership or 
possession, and enjoyment of such property, shall be deemed a transfer tax- 
able under the provisions of this article in the same manner as though the 
whole property to which such transfer relates was owned by said parties as 
tenants in common and had been bequeathed to the surviving joint tenant 
or joint tenants, person or persons by such deceased joint tenant or joint 
depositor by will. 



§ 2480 ■ 1946 Supplement 86 

Whenever the beneficial interest to any property or income therefrom shall 
pass to or for the use of any husband, wife, minor child, minor grand-child, 
adult children, adult grandchildren, father or mother, in every such case the 
rate of tax shall be 1 % on any amount up to and including the sum of $20,000 
in excess of the exemption; 2% on all sums in excess of $20,000, and not 
exceeding $40,000 ; 3 % on all sums in excess of $40,000, and not exceeding 
$80,000; 4% on all sums in excess of $80,000, and not exceeding $150,000; 
5% on all sums in excess of $150,000, and not exceeding $300,000; 6% on all 
sums in excess of $300,000; provided, that any legacy, inheritance, transfer, 
appointment or interest passing to a husband or wife, which may be valued 
at less than $10,000, shall not be subject to any such duty or taxes, and the 
taxes shall be levied in such cases only upon the excess of $10,000, received by 
each such person ; and provided, further, that any gift, legacy, inheritance, trans- 
fer, appointment or interest passing to each minor child which may be valued 
at a sum less than $7,500, shall not be subject to any such duty or taxes, and 
the taxes shall be levied in such cases only upon the excess of $7,500 received 
by each person; and provided, further, that any gift, legacy, inheritance, 

r transfer, appointment or interest passing to adult children and father and 
mother which may be valued at less than $5,000 shall not be subject to any 
such duty or taxes, and the tax shall be levied in such cases upon the excess 
of $5,000 received by each such person. The term child or children when- 
ever used in this article shall be so construed to include a child or children 
legally adopted in conformity with the laws of this or any other State. "Ben- 
/eficial interest" wherever it appears in this article shall mean the net value 
/ of the estate, real and personal or mixed, devised, inherited or otherwise 
passing under the provisions of this article after deducting all valid and 
subsisting mortgages, liens or other debts due thereon by the deceased. 

Whenever the beneficial interest to any property or income therefrom shall 
pass to or for the use of any lineal ancestors, lineal descendants, other than 
hereinabove specified, or to brothers, sisters, uncles, aunts, nieces or nephews 
or the wife or widow of a son, or the husband of a daughter, in every such 
case the rate of tax shall be as follows: 2% on any amount up to and in- 
cluding $20,000 ; 3 % on all sums in excess of $20,000 and not exceeding 
$40,000; 4% on all sums in excess of $40,000, and not exceeding $80,000; 
5% on all sums in excess of $80,000, and not exceeding $150,000; 6% on all 
sums in excess of $150,000, and not exceeding $300,000; 7% on all sums in 
excess of $300,000; provided, that any gift, legacy, inheritance, transfer, 
appointment or interest passing to any lineal ancestors, lineal descendants 
other than above specified, and brothers, sisters, uncles, aunts, nieces and 
nephews, and the wife or widow of a son, or the husband of a daughter, 
which may be valued at less than $500, shall not be subject to any such duty 
or taxes, and the tax is to be levied in such cases only upon the excess of $500 
received by each person. In all other cases the rate of tax shall be as follows ; 
4% on any amount up to and including the sum of $20,000; 6% on all sums 
in excess of $20,000, and not exceeding $40,000; 8% on all sums in excess 
of $40,000, and not exceeding $80,000; 10% on all sums in excess of $80,000, 



87 Code of Laavs of South Carolina § 2507 

and not exceeding $150,00; 12% on all sums in excess of $150,000, and not 
exceeding $300,000; 14% on all sums in excess of $300,000; provided, 
further, that any gift, legacy, inheritance, transfer, appointment or interest 
passing to any person or corporation in the preceding and last above men- 
tioned class, which may be valued at less than $200, shall not be subject to 
anj' duty or taxes and the tax is to be levied in such cases only upon the 
excess of $200 received by each person; provided, further, that all property 
which shall so pass to or for the use of any educational, religious, cemetery, 
or other institutions, societies or public charities in the State, at, for or upon 
trust for any charitable purpose in this State, or for the care of cemetery 
lots, or for a city or town in this State, for public purposes, shall not be 
subject to any tax under the provisions of this article, provided, further, the 
exemption herein granted shall extend to persons, organizations, associations 
and corporations organized under the law of other States, and residents 
therein, provided the law of the other State grants to persons, organizations, 
associations and corporations organized under the law of South Carolina, and 
residents therein, a like and equal exemption. 

Provided, further, the tax imposed by this article in respect of personal 
property (except tangible personal property having an actual situs in this State) 
shall not be payable: (a) if the transferor at the time of his death was a resident 
of the State or territory of the United States, or of any foreign country, which 
at the time of his death did not impose a transfer tax or death tax of any 
character in respect of property or residents of this State (except tangible 
personal property having an actual situs in such State or territory or foreign 
country) ; or (b) if the laws of the State, territory or country of residence 
of the transferor at the time of his death contained a reciprocal exemption 
provision under which nonresidents were exempted from transfer taxes or 
death taxes of every character in respect to personal property (except tan- 
gible personal property haying an actual situs therein), provided that State, 
territory or country of residence of such nonresident, allowed a similar 
exemption to residents of the State, territory, or country of residence of such 
transferor. For the purpose of this section the District of Columbia and 
possessions of the United States shall be considered territories of the United 
States. Provided, that this article shall not go into effect until January 1st, 
1930, and shall not affect any tax then in process of collection. Provided, 
that the provisions of this article shall not apply to those States which have 
no inheritance tax law. 

1946 (44) 1386. 

1946 p 1386 added the last proviso in paragraph 8 and changed punctuation and 
form. Above section replaces § 2480 in 1942 Code. 

§ 2507. Distribution of proceeds. — The license tax of six (6^') cents per 
gallon on gasoline as herein levied and provided for shall be distributed as 
follows : five (50) cents on each gallon shall be turned over to the state high- 
way department for the purpose of said department and one (10) cent per 
gallon shall be distributed to the counties of the State to be used exclusively 
for the construction and maintenance of county roads. The distribution of the 



§ 2507 1946 Supplement 88 

one (1^) cent per gallon license tax among the counties shall be in the pro- 
portion that the total of the sums received from motor vehicle license fees 
collected from motor vehicles registered in any county bears to the total 
of the sums received from all motor vehicle license fees collected in the State ; 
provided, that fifteen (15%) per cent of the amount for distribution in excess 
of 2.17 per cent of the total amount for distribution shall be withheld from 
those counties receiving in excess of 2.17 per cent of the total for distribution. 
The amount thus withheld shall be distributed equally among counties re- 
ceiving less than 2.17 per cent, but in no case shall this proviso operate to in- 
crease the distributive share of any county to an amount in excess of 2.17 
per cent of the total for distribution; provided, further, that no county shall 
receive less than fourteen thousand ($14,000.00) dollars per year. In making 
adjustments necessary to bring the distributive share of all counties to the 
fourteen thousand ($14,000.00) dollars minimum herein established, the total 
of the amount between a twelve thousand ($12,000.00) dollar minimum and 
the fourteen thousand ($14,000.00) dollar minimum shall be taken equally 
from the distributive shares otherwise due to the four counties receiving the 
largest amounts hereunder. 

1945 (44) 261. 

1945 p 261 eliminated all of this section except first sentence, and added the balance. 
Above section replaces § 2507 in 1942 Code. 

§ 2520-2. Refund tax paid on gasoline sold to army or navy primary aviation 
schools for use in certain planes owned by U. S. 

(1) Authorized. — The tax paid on any and all gasoline or substitute there- 
for or combination thereof when sold to any army or navy primary aviation 
school to be used in planes owned by the United States of America, and used 
by such school in the training of cadets, students or trainees actually en- 
listed in the United States Air Corps or of any allied nation and used under 
the supervision of the army shall, when the provisions of this section are 
complied with, be refunded to the licensed dealer making such sales upon 
the presentation to the South Carolina tax commission of the certificates re- 
quired in subsection 2. 

1946 (44) 1303. 

Above subsection replaces said subsection in 1942 Code. 

§ 2520-3. Gasoline tax levy on consumers. 

See this section in 1944 Supplement. 

§ 2520-4. Collection of gasoline tax — dealers display amount of tax. 

See this section in 1944 Supplement. 

§ 2520-5. Refund portion of state tax on gasoline used in farm operations. 

(1) Persons eligible to refunds. — Any person Avho shall purchase and use 
gasoline in operating tractors or other farm equipment used exclusively in 
farm operations, no part of which is used in any vehicle or equipment driven 
or operated upon the public roads, streets or highways of this State, except 



89 Code of Laws of South Carolina § 2520-5 

when necessary to go from farm to farm, shall be entitled to a refund of all 
of the State tax on such gasoline except one (1^0 per gallon. 

(2) Purchasers of gasoline for agi'icultural uses file certain information in 
order to get refund — refund certificates — refund applications — purchaser and 
distributor sign refund certificate — time apply for refund — must use gasoline 
to get refund. — (a) Aiiy person desiring to purchase gasoline to be used solely 
and exclusively for agricultural purposes, to establish a basis for refund 
of tax, must file with the South Carolina tax commission an information blank 
to be furnished by the commission, which shall contain a detailed description 
of the machinery in which such refund gasoline is to be used, and to estimate 
the approximate amount of such refund gasoline to be used during the cal- 
endar year next succeeding, and such other information as shall be requested 
by the tax commission. No person shall be allowed a refund unless he has 
filed the information blank provided for, and no refund shall be allowed on 
any gasoline used in machinery not listed on the information blank, or a 
sworn supplement thereto. 

(b) Upon compliance with subdivision (a), the tax commission shall issue 
to the applicant a book containing blank refund certificates, and blank refund 
applications. Both the refund certificates and applications shall be in such 
form and shall contain such information as the tax commission may require, 
and no person shall claim refund on any certificates or applications on any 
other than those furnished by the tax commission. 

(c) Any person purchasing gasoline on which he intends to make claim 
for refund must personally sign and fill in his original and duplicate refund 
certificate, each of which is to be executed separately at the time of each 
particular purchase, and the distributor selling said gasoline shall sign said 
certificate at the time of each purchase, certifying that the amount of gasoline 
listed thereon has been delivered solely for use in farm equipment as above 
defined. The original certificate must be attached to the claim for refund, 
the duplicate thereof being retained by the applicant. 

(d) Any person claiming refund of tax on gasoline purchased for agricul- 
tural purposes, as defined, shall make application therefor to the tax com- 
mission on proper forms, within ninety (90) days from the date said gasoline 
was purchased, and no refund shall be allowed on any gasoline which has 
not been used or consumed by the purchaser thereof before the filing of the 
application hereinbefore provided for. 

(3) Penalties swear falsely procure refund. — If any person shall falsely 
swear to a refund application, information statement, or any sworn statement 
made in connection with the procurement of refunds of gasoline tax, knowing 
that any statement therein is false, he shall be guilty of a misdemeanor pun- 
ishable by a fine of not more than five hundred ($500.00) dollars, and shall 
likewise not be entitled to the refund claim, nor any refund of tax on any 
gasoline purchased during the next succeeding six (6) months period. 

(4) Purchase gasoline for farm use from licensed distributor — distributor 
must get permit. — All gasoline purchased for agricultural uses, as above de- 



§ 2520-5 1946 Supplement 90 

fined, must be purchased from a licensed distributor who has furnished proper 
bond to the tax commission to engage in the business of a distributor, and 
such bond shall be held to cover his compliance with the refund provisions of 
this section. Said distributor must secure a permit to sell refund gasoline 
before selling same. 

(5) Liability of distributor or other seller of refund gasoline. — If any dis- 
tributor, or other seller of refund gasoline shall sign a refund certificate 
knowing, or having good reason to know, that said gasoline is to be used for 
other than agricultural purposes, or in violation of any provisions of this 
section, he shall for the first offense be liable for the tax refund on said gaso- 
line, and a one hundred (100%) per cent penalty thereon to be collected 
by the South Carolina tax commission, and shall likewise forfeit all right to 
sell or distribute gasoline or oil, or either, for a period of not less than one 
(1) month nor more than six (6) months. 

(6) Penalties unlawfully use refund gas.— It shall be unlawful for any 
person whomsoever to use refund gasoline for any other purpose than for 
agricultural purposes, as defined, and any person found guilty of using refund 
gasoline for an unlawful purpose, shall be required to pay a penalty of not 
less than fifty ($50.00) dollars, nor more than one hundred ($100.00) dollars 
to be assessed and collected by the South Carolina tax commission as other 
taxes are collected. Provided, any automobile, bus, truck, tractor or other 
motor vehicle using refund gasoline for purposes of transportation on roads 
or highways of this State, except as provided in subsection 1 shall be subject 
to confiscating said vehicle, the tax commission shall proceed as nearly as 
may be practical under the provisions of subdivision 9, section 2527. 

(7) Keep records of invoices for 2 years for refund gas sold or used. — 

All distributors and users of refund gasoline shall, for a period of two 
years, be required to keep original invoices of sale and a complete record of 
all refund gasoline sold or used, and any person failing to keep such record 
shall not be entilted to the refund claim, nor to any refund of tax on any 
gasoline purchased during the next succeeding six (6) months period. 

(8) Administration — rules and regulations — appropriation. — This section 
shall be administered by the South Carolina tax commission and it is hereby 
empowered to adopt rules and regulations which shall have the force of law, 
and which shall be observed by all persons seeking the benefits of this section. 
For the administration and enforcement of this section, there is hereby ap- 
propriated the sum of ten thousand ($10,000.00) dollars. 

(9) Suspend the right to participate hereunder. — In the event that the 
tax commission concludes that any person has willfully violated the terms 
of this section or willfully refused to observe any regulations adopted by it, 
in its discretion, it may suspend the right of any person to participate in 
the benefits of this section for a period of time not exceeding one year, and 
the exercise of such power is not dependent upon a conviction for violation 
of any provisions of this section in a court of law. 



91 Code of Laws of South Carolina § 2520-22 

(10) Allocation of the one-cent tax on g-asoline retained. — The tax of one 

cent per gallon to be retained under this section shall be allocated five-sixths 
to the state highway department and one-sixth to the counties, the ratio now 
provided. 

(11) Invalidity. — If it be held that any provision of this section is uncon- 
stitutional, such holding shall not affect the remaining provisions thereof. 

1945 (44) 173. 

Constitutional.— State v. Query, 1946, 207 S. C. 500, 37 S. E. 2d 241. 

ARTICLE 3-A 

Fuel Oil Tax 

§ 2520-21. Definitions. — The following words, terms and phrases when used 
in this article shall have the meanings ascribed to them in this section, except 
where the context clearly indicates a different meaning: 

"Fuel" shall mean and include any combustible gases or liquids by what- 
soever name such gases or liquids may be known or sold of a kind used in an 
internal combustion engine for the generation of power to propel a motor 
vehicle on the highways, except such fuel as is subject to the tax imposed 
by section 2505 through 2520-2, inclusive. 

"Person" shall mean and include natural persons and partnerships, firms, 
associations, corporations, this State or any political subdivision thereof, and 
the use of the singular number shall include the plural. 

"Use" shall mean and include the placing of fuel into any receptacle on a 
motor vehicle from which fuel is supplied for the propulsion thereof, and 
with respect to fuel brought into this State in any such receptacle, the con- 
sumption thereof in this State, but a person placing fuel in a receptable on 
a motor vehicle of another who holds a valid use fuel tax permit hereunder 
shall not be deemed to have used such fuel. 

"User" shall mean and include any person who, within the meaning of 
the term "use" as defined herein, uses or consumes fuel. , 

"Motor vehicle" shall mean and include every self-propelled vehicle op- 
erated or suitable for operation on the highway, excepting a vehicle used 
exclusively upon stationary rails or tracks or implements of husbandry, truck 
or tractors used in agricultural operations and only incidentally operated 
or moved upon a highway. 

"Highway" shall mean and include every way or place, of whatever na- 
ture, generally open to the use of the public for the purpose of vehicular 
travel, and notwithstanding that the same may be temporarily closed for 
the purpose of construction, reconstruction, maintenance or repair. 

"Commission" shall mean South Carolina tax commission. 

1946 (44) 1466. 

§ 2520-22. — Fuel tax. — A tax is hereby imposed on all users of fuel upon the 
use of such fuel by any person within this State at the rate of six (6(^) per 
gallon, to be computed in the manner hereinafter set forth. 
1946 (44) 1466. 



§ 2520-23 1946 Supplement 92 

§ 2520-23. User of fuel have license. — It shall be unlawful for any user to 
use or consume any such fuel within this State unless such user is a holder 
of an uncanceled license issued by the commission. To procure such license 
each user shall file with the commission an application, upon oath, in such, 
form as the commission may prescribe, setting forth the name and address 
of the user, and a description of the motor vehicles owned' by him in whicli 
fuel will be used. 
1946 (44) 1466. 

§ 2520-24. License — issuance — term — display. — Upon receipt of application: 
in proper form the commission shall issue to such user a license and such 
license shall remain in full force and effect unless cancelled as provided in 
this article: provided, however, that no license shall be issued for more than 
one (1) year and shall.be renewable on July first of each year. 

The license so issued by the commission shall not be assignable and shall 
be valid only for the user in whose name issued and shall be displayed con- 
spicuously b}' the user on each motor vehicle so used. 

1946 (44) 1466. 

§ 2520-25. User report and pay taxes to commission monthly. — On or before 
the 20th day of each calendar month, each user of fuel shall render to the 
commission a statement on forms prepared and furnished by the said commis- 
sion which shall be sworn to by the user or his duly authorized agent. Such 
statement shall show the quantity of fuel on hand the first and last day 
of the preceding calendar month ; the quantity of fuel received, produced, 
manufactured, refined or compounded during the preceding calendar month ; 
and the quantity of fuel used within the State of South Carolina during the 
preceding calendar month, and such user shall at the time of rendering such 
report, pay to the commission the tax or taxes herein levied on all fuel used 
within the State during the preceding calendar month. 
1946 (44) 1466. 

§ 2520-26. Sales to nonresidents— payment of taxes — penalties. — When any 
dealer or seller of fuel shall sell such fuel to a nonresident, not licensed 
under this article, the said dealer or seller thereby assumes the liability of 
payment of the taxes in this State, and shall forthwith report such sales 
and pay the tax to the commission on the 20th day of each calendar month. 

For the purpose of this article such dealers or sellers making such sales 
must be licensed as users and shall be amenable to the provisions of this 
article in the same degree and capacity as any duly licensed user. 

Any dealer or seller failing to comply with the provisions of this article 
shall be deemed guiltj^ of a misdemeanor ; and upon conviction thereof, shall be 
punished in accordance with the provisions of this article. 

1946 (44) 1466. 

§ 2520-27. Dealers and sellers report monthly to commission — penalties. — 

On or before the 20th day of each calendar month, each dealer or seller of 
fuel shall render to the commission a statement on forms prepared by the 
said commission, which shall be sworn to by the dealer or seller; said state- 



93 Code of Laws of South Carolina § 2520-32 

nient shall show each and every sale made by the dealer or seller during 
the prior calendar month. Each sale must be specifically noted on said state- 
ment which shall show the quantity and date of sale, and which shall further 
show the license serial number of the user who has been properly licensed by 
the commission as a duly licensed user. Any dealer or seller dealing in fuel 
and selling same for use in a motor vehicle who shall fail to submit the 
monthl}' reports, as provided for in this article, shall be deemed guilty of a 
misdemeanor ; and, upon conviction thereof, shall be punished in accordance 
with tlie provisions of this article. 
1946 (44) 1466. 

§ 2520-28. Cancel license of user for cause. — If a user shall at any time file 
a false monthly report of the data or information required by this article, 
or shall fail, refuse, or neglect to file the monthly report as required by 
this article, or fails to keep accurate records of quantities of fuel received, 
produced, refined, manufactured, compounded, or used in this State, the com- 
mission may forthwith cancel the license of said user, and notify such user, 
in Meriting, of such cancellation by registered mail to the last known address 
of such user appearing in the files of the commission. 

1946 (44) 1466. ; 

§ 2520-29. Penalty for user not report, file data or pay taxes in time. — When 
any user shall fail to submit monthly rejiort to the commission by the 20th 
of the following month, or when such user fails to submit any of the data 
required by this article in such monthly report, or when such user shall fail 
to pay to the commission the amount of taxes imposed when the same shall 
be payable, there shall be automatically added thereto a penalty equal to 
ten (10% ) per cent, of the said tax to be paid by such user; 
1946 (44) 1466. 

§ 2520-30. Information user keep for 2 years. — Each user shall maintain 
and keep for a period of tAvo (2) years, such record or records of fuel received, 
produced, manufactured, refined, compounded, or used within this State by 
such user, together with invoices, bills of lading, and other pertinent records 
and papers as may be required by the commission for the reasonable admin- 
istration of this article. 
1946 (44) 1466. 

§ 2520-31. Commission make investig-ations. — The commission or any of its 
duly authorized agents, is hereby given authority to examine, during the 
usual business hours of the day, records, books, papers, storage tanks, and 
any other equipment of any user, purchaser, refiner, or common carrier, per- 
taining to the quantity of fuel received, produced, manufactured, refined, 
compounded, used, sold, shipped, or delivered, as the case may be to verify 
the truth and accuracj^ of any statement, report or return, or to ascertain 
whether or not the tax imposed by this article has been paid. 

§ 2520-32. Penalties. — Any person violating any of the provisions of this 
article, a penalty for which is not otherwise provided, shall be guilty of a 



§ 2520-32 1946 Supplement 94 

misdemeanor and upon conviction thereof shall be punished by a fine of not 
more than two hundred ($200.00) dollars, or by imprisonment for not more 
than six (6) months, or both: provided, that, in addition to the penalty 
imposed in conformity to the above, the user shall be required to pay all 
taxes and penalties due the State under this article. 
1946 (44) 1466. 

§ 2520-33. Lien on motor vehicle for taxes and penalties. — The excise tax, 
and penalties imposed hereunder shall constitute a first preferred lien upon 
any motor vehicle in which fuel taxable hereunder is used, said lien attach- 
ing at the time such vehicle is operated in this State through the use of 
said fuel. Said lien shall not be removed until the excise tax, and penalties 
are paid or the property subject to the lien is sold in payment thereof, and 
shall be paramount to all private liens or encumbrances of whatever char- 
acter, and to the rights of any conditional vendor or any other holder of 
the legal title in or to any such motor vehicle. 
1946 (44) 1466. 

§ 2520-34. Commission may require deposits to secure compliance — liquidate 
deposits. — The commission, whenever it deems it necessary to insure com- 
pliance with any provisions of this article or any rule or regulation pre- 
scribed and adopted under this article, may require any person subject 
to the excise tax imposed hereunder to deposit with it such security as it 
may determine. Such security may be sold bj^ the commission at public sale 
if it becomes necessary so to do in order to recover any amount due here- 
under. Notice of such sale may be served upon the person who deposited 
such security personally or by registered mail at least ten (10) days before 
such sale is made. Upon any such sale, the surplus, if any, above the amount 
due hereunder shall be returned to the person who deposited the security. 
1946 (44) 1466. 

§ 2520-35. Highway department ascertain motor vehicles using- fuel taxable 
hereunder and report them to commission. — Before registering any motor 
vehicle, the South Carolina highway department shall ascertain from the ap- 
plicant for such registration whether or not the motor vehicle sought to be 
registered is propelled by a fuel, the use of which is subject to the excise 
tax imposed hereunder. If it shall be ascertained that a motor vehicle is 
propelled by the use of a fuel taxable hereunder, the highway department 
shall notify the commission in writing. 
1946 (44) 1466. 

§ 2520-36. Administration — enforcement — disposition of receipts. — For the 

purpose of administration and enforcement of this article,the provisions of 
sections 2521- to 2554, inclusive, wherever applicable, are hereby adopted and 
made a part hereof. 

All taxes and penalties collected by the South Carolina tax commission in 
the enforcement of this article shall be turned over to the state treasurer 
to be applied to the state highway fund. 

1946 (44) 1466. 



i 



95 Code of Laavs of South Carolina § 2543 

§ 2525. Stamps. 

See this section in 1944 Supplement. 

§ 2527. Business license tax. 

See this section in 1944 Supplement. 

§ 2531. Admission tax. 

(13) Motion picture theatres pay annual licenses. 

(b) Schedule of Annual Licenses — Payment.—* * * 

The scale of population under which this tax is to be graded shall be in 
accordance with the latest United States census. 

1946 (44) 1412. 

1946 p 1412 changed the last sentence of the first paragraph of subsection (b) to 
read as above stated. Section otherwise remains unchanged. 

§ 2532. Soft drink tax. 

See this section in 1944 Supplement. 

§ 2542-1. Unfermented pure fruit and vegfetable juices exempt from soft 
drinks taxes — penalties. — All unfermented pure fruit and vegetable juices, 
Avitli or without added sugar, shall be exempt from the payment of any soft 
drinks tax now provided by law. Provided, that this exemption shall not 
apply to any fruit or vegetable juice, with or without added sugar, to which 
is added any artificial coloring, or any artificial flavoring, or to which is 
added any preservative, or carbonic gas. The limited classification created 
by this section is done for the purpose of fostering and encouraging the fruit 
and vegetable industry, by exempting from the soft drinks tax unfermented 
pure fruit or vegetable juices. If, for any reason, this section shall be held 
unconstitutional, then the classification hereunder created, and provisions 
hereby imposed, shall not operate so as to render unconstitutional any classi- 
fication or provision of the statutory laAvs of the State of South Carolina, 
commonly known as the soft drinks tax statute. Any violation of the terms 
of the foregoing provisions shall be punished as is now provided in sections 
2521 to 2554, inclusive, and amendments thereto. 
1946 (44) 1471. 

§ 2543. Contractors tax.—* * * 

(b) Tax on contracts. — In addition to the annual license tax to submit liids 
hereinabove levied, every person, firm or corporation Avho for a fixed price, 
commission, fee or wage, undertakes or executes a contract, or contracts, for 
construction of any of the above numerated projects, shall before entering 
into such contract, or contracts, pay a license tax on such contract, or con- 
tracts, such contracts may be accumulated within the brackets below even 
though entered into with different individuals, firms, or corporations, as 
f olloM'S : 

Where the contract price or estimated cost of the undertaking is more 
than $10,000.00, but not more than $50,000.00, a tax of $100.00; where the 
contract price or estimated cost of the undertaking is more than $50,000.00, 
but not more than $100,000.00, a tax of $200.00; where the contract price 



§ 2543 1946 Supplement 96 

or estimated cost is more than $100,000.00, but not more than $250,000.00, a 
tax of $300.00; where the contract price or estimated cost of the undertaking 
is more than $250,000.00', but not more than $500,000.00, a tax of $500.00; 
where the contract price or estimated cost of the undertaking is more than 
$500,000.00, but not more than $750,000.00, a tax of $750.00; where the con- 
tract price or estimated cost of the undertaking is more than $750,000.00, a 
tax of $1,000.00; tliese licenses shall apply to a contract, or contracts, which 
fall into the above brackets, and contracts may be accumulated between the 
several brackets, even though such contracts are entered into with different 
persons, firms or corporations ; said tax shall be paid at or prior to the time 
of entering into the contract, or contracts; provided, that the licenses above 
imposed shall not apply to individuals employed on a per diem, or monthly 
basis, or to persons whose business is supervised. 

1945 (44) 307. 

Above subsection replaces said subsection in 1942 Code. 

§ 2556-1. License required of motor vehicle dealers. 

(1) Motor vehicle dtealer defined. — 'Motor vehicle dealer', as used in this 
section, shall mean any person, firm, or corporation, who is or may become 
engaged in the business of selling, exchanging or offering for sale passenger 
automobile or motor truck for commission, money, or other value. 

(2) Apply for license engage in business of motor vehicle dealer — time 
license expire — fee. — Before engaging in the business of a motor vehicle dealer 
in this State every person, firm or corporation shall first make application 
for a license to engage in such business to the South Carolina tax commission 
in such form as is prescribed by said commission, and to contain the name 
or names of the owner or owners of said business and the exact location of 
such business. Every license issued hereunder shall expire on December 31st 
of the year in Avhich said license is issued. The license fee for such license 
shall be twenty-five ($25.00) dollars. Every license issued hereunder shall 
cover the main place of business and not more than two (2) other subsidiary 
places of business under the same name and ownership. 

(4) Penalties. — Any motor vehicle dealer failing to secure license as re- 
quired in this section shall be guilty of a misdemeanor and, upon conviction 
thereof, shall be fined not less than twenty-five ($25.00) dollars, nor more than 
one hundred ($100.00) dollars or imprisoned for a period of not exceeding 
thirty (30) days, or a penalty not exceeding one hundred ($100.00) dollars, 
to be collected as provided in subsection 5 hereof. 

(6) Payment of licenses and penalties — disbursement. — The licenses and 

any sum derived from any violation of any bond required, and any penalty 

collected hereunder, shall be paid to the South Carolina tax commission, and 

the said commission shall pay same to the various counties in this State on 

the basis that each county will receive the amount of money that was paid 

by virtue of licenses issued to dealers in such county, except the amounts 

which are provided for in subsection 8 hereof. 

1945 (44) 88. 

Subsections 1, 2, 4, and 6 above replace said subsections in the 1944 Supplement. 

See this section in 1944 Supplement. 



97 Code of Laws of South Carolina § 2557-3 

§ 2557-2. Tax — distribution — sale — wholesalers and retailers keep records and 
report — rules and regulations. — There shall be levied and collected on all beer 
offered for sale in this State, a license tax of fifteen (150) per gallon or 
fractional quantity thereof, and on all wines offered for sale in this 
State, a license tax of sixty (60^') cents per gallon or fractional quan- 
tity thereof. Provided, that if beer be offered for sale in quantities 
of less than one (1) gallon, there shall be levied and collected a tax of one 
(10) cent for every six ounces or fractional quantity thereof, and 
on all wines offered for sale in quantities of less than one (1) gallon, there 
shall be levied and collected a tax of four (40) cents for each eight (8) ounces 
or fractional quantity thereof. The license tax above provided for on such 
beverages shall be distributed as follows: seventy (70%) per cent thereof 
into the state treasury for school purposes, seventeen and one-half (171/^%) 
per cent thereof to the county from wdiich the revenue is derived, and twelve 
and one-half (121/^ % ) per cent thereof to the town or city from which reve- 
nue is derived : provided, that when the said revenue is not derived from a 
town or city, said revenue shall be divided as f oIIoavs : seventy (70%) per 
cent thereof into the state treasury for school purposes, and thirty (30%) 
per cent thereof to the county from which it is derived. Provided, further, 
that wine may also be sold at retail in licensed alcoholic liquor stores and 
shall be taxed at the rate provided in this section, any provisions of law to 
the contrary notwithstanding. Provided, however, that licensed liquor dealer 
may sell wine at wholesale but shall be subject to the payment of the whole- 
sale license herein provided for. 

It shall be unlawful for any retailer to have in his possession for the pur- 
pose of sale or to sell or offer for sale, any beer or wine which was not pur- 
chased or acquired from a licensed wholesaler of such in this State. 

Every wliolesaler of beer or wine shall file with the tax commission on or 
before the 10th day of each calendar month, a report covering all sales of 
such beer or wine made during the preceding month ; such report shall show 
the names and post office addresses of all persons to whom such beer or wine 
has been sold or delivered, and the municipality and county in which pur- 
chaser's business is located, and the quantities thus sold or delivered. 

Every wholesaler or retailer of beer or wine shall keep such additional rec- 
ords and make such additional reports with respect to the receipt, distribu- 
tion and sales of beer or wine as the tax commission may required. Failure 
to furnish such reports as are herein required shall be grounds for the revo- 
cation or suspension of .such wholesaler's permit authorizing the sale of beer 
or W'ine. 

The South Carolina tax commission is hereby authorized, directed and em- 
powered to formulate administrative rules and regulations governing the 
buying and selling of beer, ale, and all other malt or brewed beverages. 

1946 (44) 1463. 

Above section replaces said section in 1942 Code. 

§ 2557-3. Collection and payment of taxes — administration by tax commis- 
sion. 

See this section in 1944 Supplement. 



§ 2557-5 1946 Supplement 98 

§ 2557-5. Permit sell or distribute — taxes — penalties — licenses and taxes on 
certain beverages shipped in State for distribution. — Every person engaged 
in the business of selling or distributing beer or wine shall annually, in ad- 
vance, on or before the 1st day of July of each year, or before engaging in 
such business, apply for and obtain from the South Carolina tax commission 
a permit for the privilege of engaging in such business, and shall pay the 
tax levied therefor. All such permits shall expire on the 30th day of June 
following date of issue. In case any business is conducted at two or more 
places of business, a separate permit for each place of business shall be 
required. 

For the privilege of engaging in or continuing in such business, there is 
hereby imposed, levied and assessed a tax payable to the South Carolina tax 
commission in accordance with the following schedule, to wit : 
upon each wholesaler of wine $400.00 per annum; 
upon each wholesaler of beer $400.00 per annum ; 
upon each retailer of wine $15.00 per annum ; 
upon each retailer of beer $15.00 per annum ; 
provided, that persons obtaining permits on or after January 1st and before 
June 30 of any year may obtain snch permits for the remainder of the license 
year upon the payment of one-half of the tax above provided. 

All revenue derived from licenses shall be distributed as follows : 

33-1/3 % shall be paid into the state treasury for school purposes ; 

66-2/3% shall be paid to the city or town in which the licensee conducts 
his business. 

When the business of any licensee is not within the corporate limits of 
any city or town, 66-2/3% shall be paid to the county in which the licensee 
conducts his business. 

Any dealer, wholesale or retail, failing to secure permits required in sec- 
tions 2557-1 through 2557-8 shall be guilty of a misdemeanor and upon con- 
viction shall be subject to a fine of not less than ten ($10.00) dollars nor 
more than one hundred ($100.00) dollars or imprisonment not less than ten 
(10) daj^s nor more than thirty (30) days in the discretion of the court. Each 
day that such business is carried on without a permit shall constitute a sepa- 
rate offense. 

All of the licenses and taxes imposed by sections 2557-1 through 2557-8 
shall also apply to any and all beers, ales, porter, wine and/or other similar 
malt or fermented beverages containing not more than 5 % alcohol by weight 
which may be shipped into this State for the purpose of distribution after it 
lias lost its interstate immunity. A shipment shall be considered to have lost 
its interstate immunity when delivery has been made to the consignee in 
this State. 

1946 (44) 1463. 

Above section replaces said section in 1942 Code. 

§ 2557-9. Definitions. — When used in this section the words and terms herein 
mentioned shall have the following definitions: 



99 Code of Laws of South Carolina § 2578 

The word "person" means and includes natural persons, associations, co- 
partnerships and corporations. 

The word "wholesaler" shall mean any person who makes the first sale 
within this State or who sells or distributes any quantity of beer or wine 
to any other person for resale, but the term shall not include any person, 
firm or corporation who produces wine in South Carolina from fruits grown 
within the State by or for the manufacturer. 

The word "retailer" shall mean any person who sells, or distributes any 
quantity of beer or wine to the consumer. 

The word "beer" and "wine" shall mean beer and wine legalized for sale 
by the provisions of § 2557-1. 

1946 (44) 1463. 

Above section replaces § 2557-9 in 1942 Code. 

§ 2557-10. Not sell minors under 18 years beer, ale, porter or wine — pen- 
alties. — It shall be unlawful for any person, firm, or corporation to sell beer, 
ale, porter, wine, or any other similar malt or fermented beverage to minors 
under the age of eighteen (18) years. Any person, firm, or corporation mak- 
ing such unlawful sale to minors under the age of eighteen (18) years shall 
be subject to a fine of from one hundred ($100.00) to two hundred ($200.00) 
dollars, or to imprisonment of from thirtj^ (30) to sixty (60) days, or both in 
the discretion of the court. 

1946 (44) 1463. 

1946 p 1463 amended this section. Above section replaces said section in 1942 Code 
and 1944 Supplement. 

§ 2557-11. Permits sell and distribute beer and wine. 

See this section in 1944 Supplement. 

§ 2557-19. Not to sell, or offer for sale, beer or wine between eleven o'clock 
P. M. Saturday night and sunrise Monday, counties over 17,500 and under 
18,500. 

See this section in 1944 Supplement. 

§ 2557-20. Not to sell or offer for sale beer or wine between midnight Sat- 
urday and sunrise Monday, certain counties over 22,500 and under 23,000. 

See this section in 1944 Supplement. 

§ 2557-21. Not to sell wine or beer between midnight Saturday and sunrise 
Monday in certain counties over 40,000 and under 55,000. 

See this section in 1944 Supplement. 

§ 2578. Exemptions from taxes. 

(54) Saunders Memorial hospital. — Saunders Memorial hospital at Flor- 
ence, South Carolina, together with all houses, furniture and property of 
every kind belonging to said hospital and used for the purpose of said hos- 
pital, be, and the same is hereby, exempt from all taxation for state, count}', 
school, municipal, special, or other taxes of everj^ nature. 

1945 (44) 97. 

1946 Acts and Joint Resolutions (44 Statutes at Large) page 1400 repealed sub- 
section 54 of this section. Present subsection 54 added by 1945 p 97. 



§ 2578 1946 Supplement 100 

(61) Property of electric cooperatives. — All property of every kind now 
owned by cooperatives organized under the provisions of §§ 8555-91 through 
8555-123 is hereby exempted from taxation for state, county, school, municipal, 
and special taxes, for a period of five (5) years from June 11, 1946. Pro- 
vided, also, that such cooperatives are likewise exempted from payment of 
any taxes which have accrued prior thereto, provided, also, that all rural 
electric lines constructed after the enactment of this law in rural territory 
not now serviced by electric power lines and used to distribute, sell, supply, 
and dispose of electric energy over rural areas shall be exempt for a period 
of five years from June 11, 1946, from payment of state, county, school and 
municipal property taxes. 

1945 (44) 106. 

1945 p 106 changed 1941 twice to 1946 in above and changed form and punctuation 
slightly. Above subsection replaces said subsection in 1942 Code. 

(66) Agricultural products. 

(1) Exempt from taxes. — All agricultural products in South Carolina shall 
be exempted from taxes and licenses, except as herein stated. 

(2) Enter into reciprocal agreements with other States for sale of 
AGRICULTURAL PRODUCTS THEREIN FREE FROM TAXES. — The Commissioner of agri- 
culture is hereby authorized to enter into reciprocal agreements with the proper 
authorities of each and every State in the Union for the sale of agricultural 
products from South Carolina in such other States free of taxes and licenses. 

(3) Agricultural products from other States. — Agricultural products 
coming into South Carolina from other States shall be on the same basis as 
agricultural products going from South Carolina into such other States. Any 
State which permits the sale of South Carolina products within its boundaries 
tax free shall receive equal reciprocal treatment in South Carolina. 

(4) Tax on agricultural products of States avhich tax such products 
op this State. — On all agricultural products coming into South Carolina from 
without the State there is hereby levied a tax and license equivalent to whatever 
tax and license that is required in that State on farm products moving from 
South Carolina into that State. 

(5) Intention and purpose. — It is the intention and purpose of this sub- 
section to encourage free interstate trade and to remove state barriers by en- 
couraging other States to remove all licenses and taxes which may now be levied 
against agricultural products sold in other boundaries. 

(6) Commissioner of agriculture report. — The commissioner of agriculture 
is hereby authorized and directed to make written report to the Governor as to 
any such reciprocal agreement arrived at with any other State or States. Also 
his failure to arrive at any reciprocal agreement with any other State or States. 

(7) Collect taxes if State does not reciprocate — enforcement. — Upon 
receipt of such report from the commissioner of agriculture showing failure 
to arrive at reciprocal agreement with any State, or States, and all the pertinent 
facts thereto, the Governor, by executive order, authorizing the state tax com- 
mission to collect taxes and licenses in South Carolina as are levied and col- 



101 Code of Laws of South Carolina § 2681 

lected in such other State, or States, failing and refusing to reciprocate, if any, 
by summarily issuing an execution against the person, firms and/or corpora- 
tions who shall be liable and do not pay such equivalent tax. Such execution 
shall be directed to any and all levying officers of this State who shall have 
authority to levy and collect said execution. 

1945 (44) 290. 

(67) Norward Grange No. 550. — The real and personal property of Norward 
Grange No. 550, being devoted to and exclusively used for public purposes, 
is hereby exempt from all taxation for county, school, and special taxes of 
every kind and nature. 

1946 (44) 1449. 

(68) Properties of Palmetto Junior Homemakers Association, New Home- 
makers of South Carolina, South Carolina Association of Future Farmers of 
America and New Farmers of South Carolina. — No tax of any nature here- 
tofore imposed and accrued shall be collected, and no tax of any nature shall 
hereafter be imposed, by the State or by either of the counties or municipal- 
ities within the State of South Carolina upon any of the properties of what- 
ever nature or kind now owned within the State, or which may hereafter 
be acquired, by the following named corporations : Palmetto Junior Home- 
makers Association, New Homemakers of South Carolina, South Carolina 
Association of Future Farmers of America, and New Farmers of South Caro- 
lina, so long as said properties are used exclusiveh' for the purposes set forth 
in the preamble of act 558 of 1946. 

1946 (44) 1508. 

See this section in 1944 Supplement. 

§ 2612. Keep license on dog collar — exceptions. 

See this section in 1944 Supplement. 

§ 2681. Fees of domestic corporations. — Every corporation organized under 
the laws of this State to do business for profit, other than railroad companies, 
express companies, street railway companies, navigation companies, water- 
works companies, power companies, light companies, telephone companies, 
telegraph coinpanies, parlor, dining and sleeping car companies, shall upon 
the filing of the report required of them in section 2678 pay to the South 
Carolina tax commission, on or before the first day of April in each year, 
an annual license fee of one mill upon each dollar paid to the capital stock 
of said corporation, said license fee not to be less than five dollars in any 
case: provided^ that nothing contained in sections 2678 to 2690, inclusive, 
shall be construed to apply to any building and loan association and credit 
unions doing a strictly mutual business: provided, that the words "credit 
I unions" as used hereinabove shall be defined as meaning a credit organiza- 
tion composed only of a membership and/or borrowers consisting of either 
state or federal employees: provided, further, that in the case of a domestic 
corporation having part of its capital stock invested in property and used 
in the conduct of its business beyond the borders of the State, that such 
corporation be credited with that portion of the tax representing the proper- 



§ 2681 1946 Supplement 102 

tion that the value of the corporation property used in the conduct of its 
business beyond the borders of this State bears to the total value of the cor- 
poration property. 

1945 (44) 179. 

1945 p 179 added and credit unions in first proviso and also added 2nd proviso. 
Above section replaces § 2681 in 1942 Code. 

§ 2690-2. Further additional license fees required. — Repealed hy 1945 Acts 
and Joint Resolutions (44 Statutes at Large) pages I4I and 14'2. 

§ 2702. When office to be kept open to receive returns, etc. 

See this section in 1944 Supplement. 

§ 2703. Time make returns to county auditors. 

See this section in 1944 Supplement. 

§ 2704. Annual lists of persons making returns of real and personal property. 
See this section in 1944 Supplement. 

§ 2724. Assessment a part of collection — constructions of sections of taoc law. 

Assessment is part of tax collection. S. C , 35 S. E. 2d 701. 

Textile Hall Corporation v. Riddle et al., 

§ 2753. Election — term — organization . 

See this section in 1944 Supplement. 

§ 2754. Duties of board. 

See this section in 1944 Supplement. 

§ 2755. Board or its agents enter premises making assessments. 
See this section in 1944 Supplement. 

§ 2761. Board employ executive secretary or other employees. 

See this section in 1944 Supplement. 

§ 2762. Per diem and travel allowance for certain members of said board. 

See this section in 1944 Supplement. 

§ 2774. Taxes payable annually — how payable. 

See this section in 1944 Supplement. 

§ 2782. Delinquent taxes — penalty — execution. — * * * 

(a) Provided, further, that in Dorchester County the percentage penalty 
added to delinquent taxes and the time same shall be placed in execution 
shall be as follows: when such taxes shall not be paid on or before the 31st 
day of December, the penalty added shall be one per centum thereon, and 
if the same are not paid on or before the 1st day of February next thereafter, 
an additional penalty of one per centum thereon shall be added, and if same 
are not paid on or before the 1st day of March next thereafter, an additional 
penalty of one per centum thereon shall be added. And if the same are not 
paid on or before the 1st day of May an additional penalty of four (4%) 
per centum thereon shall be added by the county auditor on the county du- 
plicate and collected by the county treasurer ; and at which time if said taxes, 



103 Code of Laws of South Carolina § 2850 

penalties and assessments are not paid the county treasurer of Dorchester 
County shall issue his tax execution for said taxes, penalties and assessments 
against the property of the defaulting taxpayer, according to law. 

1945 (44) 320. 

Above proviso added by 1945 p 320. Section otherwise unchanged. 

§ 2783. Mortgagee or creditor may pay taxes, etc., and include same in mort- 
gage debt. 

See this section in 1944 Supplement. 

§ 2807. Collection of taxes not stayed by process of court. 

Applied. Textile Hall Corporation v. 701. 
Riddle et al., S. C , 35 S. E. 2d 

§ 2822-1. Alternate procedure for seizure and sale of personal property for 
taxes. 

See this section in 1944 Supplement. 

§ 2839-2. Tax collector, Abbeville County. 

See this section in 1944 Supplement. 

§ 2839-3, Tax arbitration board, Abbeville County. 

The provisions of 1943 Acts and Joint Resolutions (43 Statutes at Large) pages 18, 
19, 87 and 88, 1944 Acts and Joint Resolutions (43 Statutes at Large) pages 1205 and 
1206, 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 1 and 2 and 1946 
Acts and Joint Resolutions (44 Statutes at Large) page 1316 make up this section. 
See same for contents. 

§ 2842. Tax exemptions, Anderson County. 

(1) Establishments. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 
1442 and 1443 make up this subsection. See same for contents. 

§ 2845-21. Tax exemptions, Berkeley County. 

(1) Citizens in armed forces exempt from certain taxes, Berkeley, Charles- 
ton and Williamsburg Counties. 

The provisions of 1945 Acts and Joints Resolutions (44 Statutes at Large) page 369 
make up this subsection. See same for contents. 

§ 2847-1. Tax collector, Calhoun County. 

See this section in 1944 Supplement. 

§ 2848-2A. Forfeited land commission advertise and sell twice annually real 
estate purchased at tax sales, Charleston County. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 265 
and 266 and 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1399 make 
up this section. See same for contents. 

§ 2848-4. File amount of tax levy annually, Charleston County. 

See this section in 1944 Supplement. 

§ 2850. Tax exemptions, Chester County, 

(7) Citizens, members of armed forces, exempt from certain taxes. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 44 
and 45 make up this subsection. See same for contents. 



§ 2850-4 1946 Supplement 104 

§ 2850-4. Forfeited land commission pay expenses of purchase and sale of 

lands forfeited for taxes, Chester County — allocation of funds — sales. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 305 thru 307 amended 
this section. See same for contents. 

§ 2851-lA. Probate judge, clerk of court and master assist auditor in deter- 
mining owners of real estate listed for taxation, Chesterfield County. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 
1360 and 1361 make up this section. See same for contents. 

§ 2851-2. Tax collector, Chesterfield County. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 
1525 thru 1531 make up this section. See same for contents. 

§ 2851-2A. Collection of delinquent taxes on personalty and estates, Ches- 
terfield County. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 
1407 and 1408 make up this section. See same for contents. 

§ 2851-3. Forfeited land commission, Chesterfield County. 

See this section in 1944 Supplement. 

§ 2852-41. Tax exemptions, Colleton County. 

(1) Enterprises processing and freezing farm foods. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 
12 and 13 make up this subsection. See same for contents. 

(2) Certain property of citizens serving in armed forces in present war, 

Colleton and Horry Counties. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 
27 and 28 make up this subsection. See same for contents. 

(3) Garment industries. 

The provisions of 1946 Acts and Joint Resolutions ( 44 Statutes at Large) page 
1437 make up this subsection. See same for contents. 

§ 2854-2. Collection of delinquent taxes, Darlington County. 

1945 Acts and Joint Resolutions (44 Statutes at Large) page 187 provides for 
Darlington County treasurer receive in addition to his salary fifty cents on each tax 
execution issued by him and collected. 

§ 2855-4. Tax collector, Dillon County. 

See this section in 1944 Supplement. 

§ 2856-3. Not issue executions for non-payment of property taxes until after 
May 1, Dorchester County — penalty for non-payment of such taxes. 

See this section in 1944 Supplement. 
§ 2857-2. Tax collector, Edgefield County. 

See this section in 1944 Supplement. 
§ 2857-5. Time tax books open, Edgefield County. 

See this section in 1944 Supplement. 



105 Code of Laavs of South Carolina § 2866 

§ 2857-6. Transfer funds received by taxation, Edgefield County. 

See this section in 1944 Supplement. 
§ 2858. Tax exemptions, Fairfield County. 

See this section in 1944 Supplement. 

§ 2858-4. Certain duties and powers of sheriff as to collection of taxes, Fair- 
field County. 

See this section in 1944 Supplement. 

§ 2859. Tax exemptions, Florence County. 
(3) Citizens, members of armed forces. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 65 
thru 66 make up this subsection. See same for contents. 
See also this section in 1944 Supplement. 

§ 2859-2. Forfeited land commissioner, Florence County. 

See this section in 1944 Supplement. 

§ 2861-1. Tax districts, Greenville County. 

See this section in 1944 Supplement. 

§ 2861-5. Tax collector, Greenville County. 

See this section in 1944 Supplement. 

§ 2862-2. Forfeited land commission, Greenwood, County. 

See this section in 1944 Supplement. 

§ 2862-3. Deposit of public funds. Greenwood County. 

See this section in 1944 Supplement. 

§ 2863-A. Tax collector, Hampton County. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 
1570 thru 1573 make up this section. See same for contents. 

§ 2864-4. Tax Collector, Horry County. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 52 thru 54 amended 
subsection 1 and 5 and added subsection 9 (date of expiration of term of incumbent). 

§ 2864-6. Forfeited land commission, Horry County. 

See this section in 1944 Supplement. 
§ 2865. Tax exemptions, Jasper County. 

(1) Manufacturing establishments. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 
1414 and 1415 make up this subsection. See same for contents. 

§ 2866. Tax exemptions, Kershaw County. 

(3) Manufacturers. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1339 
make up this subsection. See same for contents. 



§ 2867 1946 Supplement 106 

§ 2867. Tax exemptions, Lancaster County. 

(3) Manufactories, bleacheries and finishing and printing plants and cer- 
tain additions. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) page 96 
make up this subsection. See same for contents. 

§ 2867-3. Deposit of public funds, Lancaster County. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1439 and 1440 
amended this section by authorizing county treasurer to deposit funds not in excess 
of $5,000.00 in certain building and loan associations. 

§ 2867-5. Nulla bona certain taxes charged to persons serving in United 
States armed forces, Lancaster County. 

See this section in 1944 Supplement. 
§ 2868. Tax exemptions, Laurens County. 

(1) Manufacturing establishments. 

1946 Acts and Joint Resolutions (44 Statutes at Large) page 1457 amended this 
subsection by including therein additions costing not less than $50,000.00. 

§ 2870. Tax exemptions, Lexington County. 

See this section in 1944 Supplement. 
§ 2871-5. Tax collector, McCormick County. 

See this section in 1944 Supplement. 
§ 2872. Tax exemptions, Marion County. 

See this section in 1944 Supplement. 

§ 2873-1. Tax districts and board of tax assessors, Marlboro County. 

See this section in 1944 Supplement. 
§ 2873-3. Discount taxes, Marlboro County. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 59 and 60 amended 
this section by providing for a discount only on taxes paid prior to December 1. 

§ 2874-4. Tax collector, Newberry County. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1352 and 1353 added 
subsections 7, 8 and 9 to this section, which provide for assistant tax collector. 

§ 2875. Tax exemptions, Oconee County. 
(1) Manufactories. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 24 and 25 amended 
subsection 1 by including freezer-locker plants and similar plants therein. 

§ 2876. Tax exemptions, Orangeburg County. 

See this section in 1944 Supplement. 

§ 2876-3. Sheriff collect fees and costs on tax executions, Orangeburg 
County — disposition. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 41 thru 43 repealed 
§ 2876-3, 1942 Code, and along with 1945 Acts and Joint Resolutions (44 Statutes at 
Large) pages 195 and 196 make up present § 2876-3. 

§ 2876-5. Sheriff collect drainage taxes in Cow Castle drainage district, Or- 
angeburg County. 

1944 Acts and Joint Resolutions (43 Statutes at Large) pages 1337 thru 1339 and 
1945 Acts and Joint Resolutions (44 Statutes at Large) pages 41 thru 43 make up 
this section. See same for contents. 



107 Code of Laws of South Carolina § 2963 

§ 2877. Tax exemptions, Pickens Connty. 

(1) Manufacturing- establishments. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1313 
make up this subsection. See same for contents. 

§ 2877-3. Deposit of public funds, Pickens County. — Repealed ly 1945 Acts 
and Joiyit Resolutions ikk Statutes at Large) page 93. 

§ 2878. Tax exemptions, Richland County. 

See this section in 1944 Supplement. 

§ 2878-3. Forfeited land commission, Richland County. 

See this section in 1944 Supplement. 

§ 2879. Tax exemptions, Saluda County. 
(1) Manufacturing enterprises. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1438 
make up this subsection. See same for contents. 

§ 2879-2. Time give notice of assessment, Saluda County. 

The provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1441 
and 1442 make up this subsection. See same for contents. 

§ 2880. Tax exemptions, Spartanburg County. 

(3) Citizens in armed forces. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 117 
and 118 make up this subsection. See same for contents. 
See also this section in 1944 Supplement. 

§ 2880-A. Tax returns, Spartanburg County — notice to taxpayers. 

See this section in 1944 Supplement. 

§ 2881-1. Notify taxpayers taxes due, etc., Sumter County. — Repealed hy 
19If2 Acts and Joint ResoUitions (If2 Statutes at Large) page lJi83. 

§ 2882. Tax exemptions. Union County. 

1945 Acts and Joint Resolutions (44 Statutes at Large) page 9 repealed subsections 
1, 2 and 3 of this section. 

§ 2882-1. Delinquent tax collector and tax investigator, Union County. 

See this section in 1944 Supplement. 

§ 2883-3. Sale of lands by sinking fund commission, Williamsburg County — 
conveyance of property sold for taxes by sheriff. 

See this section in 1944 Supplement. 
§ 2884. Tax exemptions, York County. 

(7) Certain property of citizens serving in armed forces in present war. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) page 8 
make up this subsection. See same for contents. 

§ 2962. Preference for veterans in public employment. 

See this section in 1944 Supplement. 
§ 2963. Failure to give preference a misdemeanor. 

See this section in 1944 Supplement. 



§ 2963-1 1946 Supplement 108 

§ 2963-1. Penalties. 

See this section in 1944 Supplement. 

§ 2966-2. Org-anization — maintenance. 

See this section in 1944 Supplement. 

§ 2968. County service officers — appointment — term — removal. — Subject to 
the recommendation of the senator and at least half of the house delegation 
in each countj^ the state service officer shall appoint a county service officer 
for each county in the State, whose terms of office shall begin July 1, 1945, 
and shall continue for a term of two years, or until his successor shall be 
appointed. Said county service officer shall be subject to removal at any time 
by a majority of the county delegation from his county. 

1945 (44) 90. 

Present § 2968 comes from 1945 p 90. Above § 2968 replaces § 2968, 1942 Code. 

§ 2969. Assist veterans get federal benefits — powers of state service officer — 
appropriations — office of state service bureau — county service officers report. 

■ — (a) It is hereby declared to be the purpose of §§ 2968 and 2969 to insure 
a stabilization and coordination of the service work for and in behalf of 
the war veterans and ex-service men and women of South Carolina, in order 
that they ma.y be guaranteed the maximum benefits granted by laws enacted 
by the National Congress. The state service officer is authorized and directed 
to establish uniform methods and procedure for the performance of service 
work among the several county off'icers, to maintain contact and close co- 
operation with such officers ; to provide assistance, advice and instructions, 
with respect to changes in law and regulations and administrative procedure 
in relation to the application of such laws; and he is authorized to require 
from time to time reports from such county service officers, reflecting the 
character and progress of their official duties. 

(b) Annual state appropriation bill shall make such appropriations as may 
be required to discharge the duties imposed by §§ 2968 and 2969. 

(c) The office of the state service bureau herein provided for shall be 
located in Columbia in space provided by the sinking fund commission. 

(d) The county service officers shall render semi-annually a complete report 

of their acts and doings to the county delegation of their respective counties 

upon uniform forms to be furnished by the state service officer. 

1945 (44) 90. 

Present § 2969 comes from 1945 p 90. Above § 2969 replaces § 2969, 1942 Code. 

§ 2970-13. Service officer, Chesterfield County. 

The provisions of 1943 Acts and Joint Resolutions (43 Statutes at Large) pages 
140 thru 143 and 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 321 
thru 325 make up this section. See same for contents. 

§ 2970-26. Service officer, Horry County. 

The provisions of 1944 Acts and Joint Resolutions (43 Statutes at Large) pages 
1316 thru 1318 and 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 163 
and 164 make up this section. See same for contents. 

§ 2970-37. Service officer, Orangeburg County. 

The provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 16 
thru 18 make up this section. See same for contents. 



109 Code op Laws of South Carolina § 2971-12 

§ 2971. Omit from road and poll tax lists persons in military service of U. S. 
— duration. 

See this section in 1944 Supplement. 

§ 2971-1. Parties act as issuing agents for sale and issue of obligations of 
U. S. 

See this section in 1944 Supplement. 

§ 2971-2. Invest school districts sinking funds in defense securities. 

See this section in 1944 Supplement. 

§ 2971-3. Invest county sinking funds in defense securities. 

See this section in 1944 Supplement. 

§ 2971-4. Accept equipment, supplies, materials and funds for war time or 
defense activities from U. S. 

See this section in 1944 Supplement. 

§ 2971-5. Movement of traffic over streets and highways during war between 
U. S. and foreign country. 

See this section in 1944 Supplement. 

§ 2971-6. Establish special emergency health and sanitation areas during state 
of war. 

See this section in 1944 Supplement. 

§ 2971-7. Establish air raid blackouts and other precautionary measures 
during war between U. S. and any foreign power. 

See this section in 1944 Supplement. 

§ 2971-8. Services fire fighting forces render when war exists between U. S. 
and any foreign power. 

See this section in 1944 Supplement. 

§ 2971-9. Commissioned officers of U. S. armed forces and officers of U. S. 
merchant marine may take verifications of pleadings, proofs of claims, affi- 
davits and renunciations of dower — duration. 

See this section in 1944 Supplement. 

§ 2971-10. Certain able-bodied men must work. 

See this section in 1944 Supplement. 

§ 2971-11. Authority of state council of dtefense and any other state depart- 
ments participating in planning or carrying out an evacuation program for 
State — duration. 

See this section in 1944 Supplement. 

I § 2971-12. Disability of minority of veteran, spouse, widow or widower in 
certain transactions under Servicemen's Readjustment Act of 1944 removed. — • 

The disability of minority of any male or female veteran otherwise eligible 
for guaranty of a loan pursuant to the provisions of title III, public law 346, 
78th Congress of the United States of America, approved June 22, 1944, 
known as the 'Servicemen's Readjustment Act of 1944', (58 Statutes at 
Large 284) , and all acts amendatory thereto, and of the minor spouse, widow 



§ 2971-12 - 1946 Supplement 110 

or widower of such minor male or female veteran, is hereby removed solely 
for the purpose of acquiring or encumbering, or selling and conveying prop- 
erty and the incurring of indebtedness or obligations incident to either or 
both, or the re-financing thereof, and litigating or settling controversies aris- 
ing therefrom, if all or part of the obligations incident to such transaction 
be guaranteed by the administrator of veterans' affairs pursuant to such act 
and an application signed by such minor ; provided, Jiowever, that this section 
shall not be construed to impose any other or greater rights or liabilities 
than would exist if such minor male or female veteran and/or such minor 
spouse, widow or widower, were each above the age of twenty-one years ; and, 
•provided, further, that such minor male or female veteran and/or such minor 
spouse, widow or widower, shall forever be estopped to void or deny, because 
of his or her minority, or to interpose the defense of minority in any action 
brought or judgment rendered pursuant to, aii.y conveyance or any obligation 
made and entered into under the said servicemen's readjustment act of 1944, 
and any acts amendatory thereto. 
1946 (44) 1541. 

§ 2973. The Washington Light Infantry and Sumter Guards Board of Officers 
— duties and powers — seal — acts confirmed. — The corporation heretofore 
known as the "Board of Field Officers of the Fourth Brigade, South Carolina 
Militia," and subsequently as the "Board of Field Officers, Fourth Brigade, 
South Carolina Volunteer Troops," and subsequently as "The Board of Of- 
ficers of South Carolina Volunteer Troops in the City of Charleston," and 
subsequently as "The Board of Officers of South Carolina National Guard 
in the City of Charleston ; ' ' shall hereafter he known and styled ' ' The Wash- 
ington Light Infantry and Sumter Guards Board of Officers;" and shall 
consist of commanding officers of the following companies in the city of 
Charleston, which are the only surviving companies mentioned in the charter 
at one time known as the "Board of Field Officers of the Fourth Brigade, 
South Carolina Militia", the Washington Light Infantry and the Sumter 
Guards, and of such one or more of them as shall continue to exist. 

The said corporation shall continue to be and shall be a body politic and 
corporate, for the purpose of holding all property, both real and personal, 
now owned or hereafter to be acquired by the said corporation for the benefit 
of the companies hereinbefore designated. 

The said corporation, so composed, shall continue to take, purchase and 
hold property, both real and personal, for the benefit of the companies here- 
inbefore designated, and the same to pledge, sell and transfer from time to 
time on such terms and under such conditions, and subject to such regula- 
tions as may be prescribed by said corporation. 

All of the property, real and personal, choses in action and assets of the 
corporation created by the act of January 4, 1894, and its predecessors, is 
hereby vested in the corporation hereby created as the successor of the said 
several corporations: provided, however, that the property known as Marion 
Square, otherwise called the Citadel Green, now vested in said corporation 
as constituted by this article, shall forever be kept by it as a place for the 



Ill Code of Laavs of South Carolina § 3112 

military exercises of the companies hereinabove designated ; and provided, 
further, that the said corps of cadets of the State Military College shall have 
the right to use the said Marion Square, otherwise called the Citadel Green, 
as a place for military exercise, and recreation, under such regulations as 
may be prescribed by the board of visitors thereof. 

The said corporation, hereby created, shall have a common seal, and shall 
have the right to sue and be sued in the courts of this State. 

The said corporation, hereby constituted, is hereby declared, recognized 
and confirmed as the successor of the original corporations ; and all acts 
done by them or by any persons heretofore acting as successors of said orig- 
inal corporations in their corporate capacity as field officers of the fourth 
brigade in their several said corporate capacities, are hereby confirmed. 

1945 (44) 326. 

1945 p 326 amended above section. Above § 2973 replaces § 2973, 1942 Code. 

§ 2974. Tax levy, Charleston — use of proceeds. — The county board of com- 
missioners of Charleston County are hereby authorized and directed to levy 
an annual tax of one-eighth of one mill on all the taxable property in the 
city of Charleston, the same to be collected by the county treasurer of 
Charleston County, for the benefit of, and to be paid over to "The AVashing- 
ton Light Infantry and Sumter Guards Board of Officers", in the city of 
Charleston. The funds arising from the said levy shall be distributed by 
the said board among the companies of "The Washington Light Infantry 
and Sumter Guards Board of Officers", in proportion to the average attend- 
ance of such drills and parades, as many be designated by the said board. 
The moneys thus appropriated shall be expended by said companies only for 
the purchase of arms, ammunition, equipment and uniforms and for such 
other expenses as may be necessary for the military efficiency of the said 
companies ; and the company commander shall, on the 15th day of September 
of each year, make a full report of the said expenditures to tlie adjutant 
general. 

1945 (44) 326. 

1945 p 326 amended above section. Above § 2974 replaces § 2974, 1942 Code. 

§ 30^4. Bonds of public officers may be sued on, and certified by copy used 
in evidence. 

Bond of a sheriff is not liable for more Surety Corporation of New York, 1946, 
than the penalty. Brown v. National 207 S. C. 462, 36 S. E. 2d 588. 

§ 3075-1. Officers and employees absent in military service. 

See this section in 1944 Supplement. 

§ 3078-1. County officers having certain unclaimed funds pay same to 
county treasurers — use — owners may recover. 

See this section in 1944 Supplement. 

§ 3094. Officers Governor appoint. 

1946 p 1516 abolished board of pardons. 

§ 3112. Attorney general — assistants — salaries. — The attorney general shall 
receive a salary at the rate of six thousand ($6,000.00) dollars per annum ; 



§ 3112 1946 Supplement 112 

and his assistants, who shall be appointed by the attorney general, shall re- 
ceive such salaries as may be fixed by appropriations therefor by the General 
Assembly. 

1946 (44) 2596. 

1946 p 2596 increased attorney general's salary to |6,000 from $5,000 and provided 
for salaries for his assistants. 

§§ 3270 thru 3276. Natural resources commission. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abolished 
natural resources commission and devolved its duties on state research, planning and 
development board. 

§ 3282. Commission accepts gifts, leases and realty — acquire realty. 

See this section in 1944 Supplement. 

§ 3284-3. Commission acquire lands for state forests or parks. 

See this section in 1944 Supplement. 

§ 3284-12. South Carolina Forest Fire Protection Act. 

(1) Designated. — This section shall be cited as the "South Carolina Forest 
Fire Protection Act." 

(2) Legislative declarations.— The General Assembly of the State of South 
Carolina, recognizing that the forest lands of South Carolina are a natural 
resource of great economic value to its citizens and the State as a whole, 
and that the enlargement of South Carolina forest industries, particularly 
the paper, pulp and the plywood industries have materially increased the 
value of this natural resource ; and that the present and potential production 
of the forest lands of the State are materially reduced by losses through re- 
curring forest fires, thereby resulting in loss to owners, industries, workers 
and communities; and that large areas of the State remain idle and unpro- 
ductive because of repeated and uncontrolled fire ; and that it is of utmost 
importance to the State to protect and develop forest lands for continuous 
production of forest products, and that this cannot be accomplished without 
organized protection against forest fires, does hereby declare the protection 
against fire and the preservation of the forest of South Carolina, as herein 
defined, essential for the economic welfare of the whole State and its people. 

(3) Annual appropriation — certain counties relieved of appropriations. — 

In order to carry out tlie terms and provisions of this section, the General 
Assembly shall appropriate annually a sum sufficient for coordinated forest 
fire protection in all of the counties of South Carolina and for the operation 
of proper forest fire protection measures in each county. All counties which 
are now making appropriations to supplement the funds of the state com- 
mission of forestry are relieved as of July 1, 1945, of the necessity of making 
such appropriations and thereafter the operation of the state commission of 
forestry and a system of statewide forest fire protection shall be performed 
with funds appropriated each year in the State appropriation bill. 

(4) State commission bf forestry direct and supervise forest fire protection 

work. — All forest fire protection work shall be under the direction and super- 
vision of the South Carolina state commission of forestry, through the state 



113 Code of Laws of South Carolina § 3284-12 

forester, subject to the provisions of this section and the laws of the State 
now, or hereafter, enacted, relative to forestry and forest fire prevention 
and suppression. 

(5) Forest land defined. — For the purpose of this section, all lands shall 
be construed "forest land", which have enough forest growth, standing or 
down, or have sufficient inflammable debris or grass, outside of corporate 
limits, to constitute, in the judgment of the South Carolina state commission 
of forestry, a fire menace to itself or adjoining lands. 

(6) Forest fire defined. — The term "forest fire", as used in this section, 
means any fire burning uncontrolled on any land covered wholly or in part 
by timber, brush, grass or other inflammable vegetation. 

(7) Payment of appropriations. — For the purpose of carrying out the pro- 
visions of this section the State treasurer of South Carolina shall pay over 
to the state commission of forestry such amounts as may be annually appro- 
priated therefor. 

(8) County forestry boards. — There shall be set up in each county a board, 
to be known as the county forestry board, consisting of five (5) members, who 
shall be appointed by the state commission of forestry on the recommendation 
of a majority of the county House legislative delegation and the Senator, 
of the respective counties. The members shall be residents of the county 
from which they are appointed. Change of residence from the county shall 
terminate the appointment. The initial term of all the members of the said 
county forestry boards shall be, one member for one (1) year, one member 
for two (2) years, one member for three (3) years, one member for four (4) 
years, and one member for five (5) years, and thereafter the terms of the 
members of each board shall be for five (5) years, each member holding 
office until his successor is appointed, so that after the expiration of the 
first term one member shall be appointed annually. In case of a vacancy 
or termination of appointment on a county forestry board, such vacancy 
shall be filled in the same manner as provided for the appointment of members 
thereof ; provided, however, that if a vacancy by reason of death, resignation, 
or otherwise, shall exist in the term of a member of a county forestry board 
for more than two (2) months, the then existing members of the county for- 
estry board may recommend for appointment some suitable person to fill 
such vacancy, and the state commission of forestry shall make the appoint- 
ment on such recommendation. 

(9) Boards — duties and powers — employees. — The duties of the board shall 
be to assist in the efficient performance of the provisions of this section and 
the general conduct of the forestry program in the county; they shall review, 
revise and adopt the annual forest fire protection plan and the county ranger, 
fire wardens, towermen and all other county forest fire protection officers 
shall be employed, retained or dismissed only with the consent of said county 
forestry board ; provided, that the county ranger, fire wardens and towermen 
and all other county officers of said board shall be residents of the county 
where so employed. 



§ 3284-12 1946 Supplement 114 

(10) Plans for forest Are protection — rules and regulations. — The state 
commission of forestry shall prepare for each comity forestry board a plan 
for forest fire protection for the fiscal year, and present such plan at the 
July meeting of the board. It shall have power to make and enforce all 
rules and regulations necessary for the administration of forest fire protection. 

(11) Access to property. — The state commission of forestry, and any of its 
authorized agents, and anj^ member of a county forestry board, shall have 
the right at any or all times to go upon any land for the purpose of prevent- 
ing or controlling forest fires, as defined herein, without making himself liable 
for trespassing. 

(12) Title to property. — The title to all property already acquired, or which 
may be acquired incidental to carrying out the provisions of this section, shall 
be vested in the state commission of forestry . 

(13) Burning of lands by owners. — Nothing in this section shall be con- 
strued as limiting or restricting the owners of any forest land burning over 
their own land where the fire is not allowed to spread onto or over the land 
of another or others. 

(14) Invalidity. — If any subsection, subdivision, sentence, clause or phrase 
of this section is, for any reason, held to be unconstitutional, such decision 
shall not affect the validity of the remaining portions of this section. The 
General Assembly hereby declares that it would have passed this section and 
each subsection, subdivision, sentence, clause or phrase hereof, irrespective 
of the fact that any one or more subsections, subdivisions, clauses or phrases 
be declared unconstitutional. 

1945 (44) 138. 
§ 3304. The state board of fisheries. 
See this section in 1944 Supplement. 

§ 3343. Plantings required of lessees. — Lessees of bottoms for the planting 
and propagation of oysters are required to plant or distribute on the leased 
bottoms at least one hundred (100) bushels of shell or seed oysters per oyster 
bottom acre each j'ear during the term of the said lease ; such planting to be 
under the direction of the board of fisheries. The amount of seed oysters or 
shell required to be planted by this section shall be in addition to the amount 
of shell required to be planted by section 3356. 

1945 (44) 49. 

Above section replaces §3343 in 1942 Code. 

§ 3351. Closed season for taking oysters and clams. 

See this section in 1944 Supplement. 

§ 3385. White shad and hickory shad — time not catch, buy, sell or ship — 
time not use seine or net to catch. 

See this section in 1944 Supplement. 

§ 3386. Nets use catch shad,. 
See this section in 1944 Supplement. 



115 Code of Laws of South Carolina § 3438 

§ 3410. Trawling for shrimp. 

See this section in 1944 Supplement. 

§ 3420-2. Blue crabs. 

(1) Size catch or possess. — It shall be unlawful for any person, firm or 
corporation to catch, destroy, confine, hold or have in his, her, its or their 
possession, whether for individual use or for market, any crab of the genus 
calinectes sapidus (blue crab) or allied species, of a smaller size than five (5) 
inches measured from tip of point to tip of point across the back of shell; 
provided, however, that where a person, firm or corporation purchases crabs 
away from their place of business they shall not be guilty of violating this 
section by transporting such craps to their place of business and until they 
have had a reasonable opportunity to examine such crabs. The provisions 
of this section shall not apply, except as to sale, to crabs in floats or breeder 
sanctuaries in the process of shedding into soft shell crabs, and any person, 
firm or corporation may catch and have in possession such crabs for the 
purpose of placing same in floats or breeder sanctuaries to shed into soft 
shell crabs. 

1945 (44) 362. 

Above subsection 1 replaces said subsection in 1944 Supplement. 

See this section in 1944 Supplement also, 

§ 3424-1. Confine dogs and other animals prevent or suppress spread of rabies 
except in Berkeley and Williamsburg Counties. 

See this section in 1944 Supplement. 

§ 3431. Board of pardJons. — Repealed hy 191^6 Acts and Joint Resolutions (1^1^ 
Statutes at Large) pages 1516 and 1517. 

§ 3432. Terms of office of members. — Repealed hy 194-6 Acts and Joint Reso- 
lutions (4-4- Statutes at Large) pages 1516 and 1517. 

§ 3433. To be commissioned. — Repealed hy 1946 Acts and Joint Resolutions 
(44 Statutes at Large) pages 1516 and 1517. 

§ 3434. Officers of board. — Repealed hy 1946 Acts and Joint Resolutions 
(44 Statutes at Large) pages 1516 and 1517. 

§ 3435. Meetings of board — record of proceedings. 

See § 1038-17 of this supplement for duties and powers of board of pardons devolved 
on South Carolina probation, parole and pardon board by 1946 p 1516. 

§ 3436. Duty of board. 

See § 1038-17 of this supplement for duties and powers of board of pardons devolved 
on South Carolina probation, parole and pardon board by 1946 p 1516. 

§ 3437. Regular meetings. 

See § 1038-17 of this supplement for duties and powers of board of pardons devolved 
on South Carolina probation, parole and pardon board by 1946 p 1516. 

§ 3438. Compensation of members. — Repealed hy 1946 Acts and Joint Reso- 
lutions (44 Statutes at Large) pages 1516 and 1517 . 



§ 3442-1 1946 Supplement 116 

§§ 3442-1 thru 3442-4. Board for promotion of external trade. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abol- 
ished S. C. board for promotion of external trade and devolved its duties on state 
research, planning and development board. 

§§ 3442-21 thru 3442-26. South Carolina state planning board. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abol- 
ished state planning board and devolved duties and powers of said board on state 
research, planning and development board. 

§§ 3442-31 thru 3442-51. South Carolina commerce development board. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abol- 
ished commerce development board and devolved its duties on state research, planning 
and development board. 

§§ 3442-61 thru 3442-75. South Carolina State ports authority. 

See these sections in 1944 Supplement. 

See also §§ 6719 thru 6721 and 6727 thru 6733 this supplement. 

§ 3442-76. Charleston convey to state ports authority assets of port utilities 
commission or its property operated by said commission — terms. — The city 
council of Charleston is hereby authorized and empowered to grant, bargain, 
sell, convey, assign, transfer and set over unto the South Carolina state ports 
authority in fee simple, for use, disposition and operation by said state ports 
authority for the purposes and under the powers given to said authority by 
law, any part or the whole of the property, real, personal and mixed, assets, 
holdings, leases, contracts, rights, franchises and licenses owned or leased 
by the port utilities commission of the city of Cliarleston, or by the city 
council of Charleston, and operated by the said port utilities commission of 
the city of Charleston, under the powers given to said commission in sections 
7558 through 7565, inclusive, or any other power or authority said commis- 
sion thereunto enabling. An}' sucli conveyance, assignment or transfer shall 
be upon such terms, and for such consideration, nominal or otherwise, as 
shall be agreed upon by said the city council of Charleston and said state 
ports authority, and shall be subject to any outstanding lease on any property 
conveyed, assigned or transferred, 
1945 (44) 365. 

§ 3442-77. Authority accept — powers. — Without limiting, impairing, dimin- 
ishing or restricting in anj^ way the powers, duties, authority and functions 
of the South Carolina state ports authority, as set forth in §§ 3442-61 thru 
3442-75, the said authority is hereby specifically authorized and empowered 
to accept any conveyance or conveyances authorized to be made under 
§ 3442-76, and to exercise in reference to any property, assets, holdings, 
leases, contracts, rights, franchises or licenses conveyed to it under § 3442-76 
any and all of the rights, privileges, powers, immunities, duties and functions 
conferred in sections 7554 through 7567, inclusive, upon cities of this State 
having a population of fifty thousand inhabitants or more and upon port 
utilities commission of such cities. 
1945 (44) 365. 

§ 3442-78. § 7566 not to apply to Charleston's property after conveyed to 
authority. — The provisions of section 7566 shall not be applicable to the con- 



117 Code of Laws of South Carolina § 3442-82 

struction, development, improvement, maintenance or operation of any wharf, 
dock, warehouse, building, right-of-way, the terminal railway or any other 
property of the city council of Charleston if, when and after, the same is 
conveyed to the South Carolina state ports authority under § 3442-76. 
1945 (44) 365. 

§ 3442-79. State not obligated.— Nothing in §§ 3442-76 thru 3442-80, §§ 6719 
thru 6721, and §§ 6727 thru 6733 contained shall create, or shall authorize 
the South Carolina state ports authority to create, assume or incur, any obli- 
gation, liability or indebtedness which shall be binding upon the State -of 
South Carolina or which shall involve the faith, credit or taxing power of 
the State of South Carolina. 
1945 (44) 365. 

ARTICLE 17-F 

The Research, Planning and Development Act of 1945 

§ 3442-81. Designated. — This article shall be known and cited as "the Re- 
search, Planning and Development Act of 1945." 
1945 (44) 156. 

§ 3442-82. Purpose — objectives. — The purpose of this article is to establish 
a state agency which will conduct an adequate state-wide planning program 
and a state-wide program for the stimulation of economic activity to develop 
the potentialities of tJie State. To this end, the objectives of this agency 
shall be: 

(a) To conserve, restore, and develop the natural and physical, the human 
and social, the economic and productive resources of the State ; 

(b) To promote coordination of the functions and activities of the various 
agencies of the State and to act as the official state liaison office between the 
state and federal and local planning, research and development agencies. 

(c) To promote a system of transportation for the State, through devel- 
opment and expansion of the highway, railroad, port, waterway and airport 
systems. 

(d) To promote and correlate state and local activity in planning post-war 
public works projects. 

(e) To promote public interest in the development of the State, through 
cooperation with public agencies, private enterprises, and charitable and 
social institutions. 

(f) To promote and encourage industrial development, private business 
and commercial enterprise, agricultural production, transportation, the utiliza- 
tion and investment of capital within the State ; 

(g) To assist in the development of existing state and interstate trade, 
commerce and markets for South Carolina goods; and in the removal of 
barriers to the industrial, commercial and agricultural development of the 
State ; 



§ 3442-82 1946 Supplement 118 

(h) To assist in ensuring stability in employment; to increase the oppor- 
tunities for employment of the citizens of the State ; and to devise ways 
and means to raise the living standards of the people of the State. 

(i) To advance the general welfare of the people. 

§ 3442-83. Definitions. — The following terms, when used in this article, shall 
have the following meanings unless the context clearly requires otherwise : 

(a) "State" means the State of South Carolina. 

(b) "Agency" means any state officer, department, board, commission, 
committee, institution, bureau, division or other person or functional group 
that is authorized to exercise, or that does exercise, any executive or admin- 
istrative function of government in the State. When the term "local agency" 
is used, it shall be construed to mean local political subdivisions of the State. 
When the term "federal agency" is used, it shall be construed to mean any 
agency of the government of the United States of America. 

(c) The "department" means the department of research, planning and 
development. 

(d) The "board" means the state research, planning and development 
board. 

(e) The "director" means the director of research, planning and develop- 
ment. 

1945 (44) 156. 

§ 3442-84. Department of research, planning- and development — board — ap- 
pointment — term — officers — vacancy — qualifications — pay— removal — meetings 
— records. — There is hereby created a department of research, planning and 
development, to be governed by a board consisting of five (5) citizens of the 
State to be appointed by the Governor upon the advice and consent of the 
Senate. One member of the said board sliall be a citizen of the first or second 
congressional district; one member shall be a citizen of the third or fourth 
congressional district; and one member shall be a citizen of the fifth or sixth 
congressional district, and the other two (2) members shall be appointed from 
the State at large. The term of office for members of the board shall be for 
a period of five (5) years, except for initial appointments hereunder, which 
shall be, one (1) member for a term of one year, another for a term of two 
years, another for a term of three years, another for a term of four years, 
and another for a term of five years, the terms to be determined by the mem- 
bers by lot. Members of the board shall select its chairman and any other 
necessary officers, to serve for such term as the board may designate. Any 
vacancies occurring during a term of office shall be filled in the same manner 
as the original appointment, but shall be for the unexpired term. No mem- 
ber of this board shall hold any other public office or public employment, 
except notary .public. Members of the board shall be compensated for their 
services at the regular per diem rate established by the General Assembly 
for other state boards and shall be reimbursed for actual and necessary 
expenses incurred in connection with and as a result of their work as mem- 
bers of the board. Members of the board may be removed for cause by the 



119 Code of Laws of South Carolina § 3442-85 

Governor at any time. All regular meetings of the board shall be public. 
The board shall adopt its own rules of procedure, and keep adequate records 
of its proceedings. The director shall act as secretary of the board, but 
shall have no vote. 
1945 (44) 156. 

§ 3442-85. Duties and powers. — The board is hereby vested wdth duties, 
powers and responsibilities involved in accomplishing its objectives as out- 
lined in this article, within the appropriations provided by the General As- 
sembly. The board shall have the authority : 

(a) To advise with and make recommendations to the Governor and the 
General Assembly on all matters concerning its objectives. 

(b) To cooperate with the operating agencies of the State in the develop- 
ment of plans with which each agency is concerned to insure the correlation 
of such plans into a master plan designed to consider the natural, physical, 
social and economic needs of the State. 

(c) To have access to the records and studies pertaining to its objectives 
of each state agency. Confidential information submitted to any agency as 
required by law, shall not be published in any manner which will directly 
or indirectly reflect or damage the reputation or business activity of any 
individual or corporation concerned. 

(d) To conduct studies on its own initiative pertaining to any of its ob- 
jectives, and others at the request of the Governor, the General Assembly 
or state or local agencies. 

(e) To make special studies on area problems or specific subjects to estab- 
lish local agencies, and furnish staff or such financial aid as may be deemed 
advisable. 

(f) To stimulate and encourage all local, state and federal governmental 
agencies with similar and related objectives and purposes, and to cooperate 
with local, regional and federal planning and development programs. 

(g) To publish and distribute its findings, through Avritten reports, bro- 
chures, magazine and newspaper articles and in- other appropriate forms, 
and to use the radio, periodicals, and other recognized forms of advertising, 
personal interviews, exhibits and displays, in order that governmental agen- 
cies, corporations and individual citizens may become acquainted with the 
planning and development program of the State. 

(h) To advertise the advantages of the State for industrial, agricultural 
and commercial development by means of paid publicity of all types. 

(i) To provide information to and make contact with private business en- 
terprises, and local, state and federal governmental agencies by any form of 
communication for the purpose of acquainting such individuals and organiza- 
tions with industrial, agricultural, and commercial opportunities in the State, 
and for the purpose of encouraging the establishment of new, or the expansion 
of existing industries and enterprises. 

(j) To provide advice upon request by local, state and federal agencies 
and by private citizens and business and commercial enterprises upon matters 



§ 3442-85 1946 Supplement 120 

of economic development, industrial and business expansion and agricultural 
activity upon which its knowledge, source of information and the findings 
and decisions of the board qualify it to speak. 

(k) To accept gifts, grants, funds, property-, or services for the purpose 
of accomplishing its objectives, and to dispose of such property and services 
as it may no longer need, subject to the approval of the sinking fund com- 
mission. 

1945 (44) 156. 

See §§ 3270 thru 3276, 3442-1 thru 3442-4, 3442-21 thru 3442-26, 3442-31 thru 
3442-51, 5271-1 thru 5271-3, 5271-4 thru 5271-104, 6031 thru 6031-9, and 6037 thru 6042. 

§ 3442-86. Advisory councils. — At the discretion of the board an advisory 
council or councils may be appointed to advertise with respect to each broad 
function which may be the responsibility of the department. Each advisory 
council shall consist of a group of not more than nine members, consisting 
of state and local governmental officials, and of private individuals of out- 
standing ability in fields of enterprise related to the particular function with 
respect to which its advice is desired. Members shall receive no salary or 
per diem, but members may be compensated for all actual expenses incurred 
in the performance of their duties. The members shall serve for terms to be 
established by resolution of the board, and may be removed at the pleasure 
of the board. Governmental officials shall serve on such councils for a period 
of one year and may be reappointed for successive terras by the board, pro- 
vided that their terms shall end Avith the termination of their office as officials. 
1945 (44) 156. 

§ 3442-87. Director — divisions of department. — The board shall appoint a 
director who shall be the executive head of the department and who shall 
serve at the pleasure of the board for an indefinite term. The director shall 
be responsible to the board for tlie operation of the program outlined by the 
board and, subject to the approval of the board, shall have the authority to 
select, direct, control, and remove all members of his staff and other personnel 
required for the operation of the department. 

The department shall consist of a division of research, a division of planning 
and a division of development and such other divisions as the board may 
establish by resolution. Each division may be headed by a chief of the divi- 
sion, selected on the basis of his technical and administrative qualifications 
and experience to perform the duties required by his position. The chief 
of the division of research shall be a person thoroughly familiar with the 
principles of, and experienced in, the methods and techniques of research 
and economics. The chief of the division of planning shall be an industrial 
engineer experienced in that type of work. The chief of the division of 
development shall be a person thoroughly familiar with the principles of, 
and experienced in, the methods and techniques of developing a program of 
advertising and salesmanship. 

1945 (44) 156. 

§ 3442-88. Invalidity. — If any part of this article or the application of any 
part of this article shall be held unconstitutional or invalid for any reason, 



121 Code of Laavs of South Carolina § 3552-8 

the remainder of the article, and of any rules and regulations made there- 
under, shall remain in full force and effect. 
1945 (44) 156. 

§ 3472-10. State Council of Defence Act provisions extended — duration. 

See this section in 1944 Supplement. 

§ 3479. Bond— sureties. 

1945 Acts and Joint Resolutions (44 Statutes at Large) page 326 decreased bond of 
sheriff for Saluda County from $6,000.00 to $2,000.00. 

§ 3499. Industrial corporations may procure appointment of peace officers — 
term — duties, etc. 

See this section in 1944 Supplement. 

Deputy sheriff appointed hereunder is Industrial Cotton Mills Co., Inc., 1945, 
subject to the provisions of the Fair La- 64 F. Supp. 20. 
bor Standards Act of 1938. Holman v. 

§ 3518. Bailiffs and other court attendants. 

(r) The court crier and bailiffs in Horry County shall receive for their 
services the sum of three and 50/100 ($3.50) dollars per day, and in addition 
to said amount each shall receive five (5^) cents per mile for each trip to and 
from their respective homes while attending to their official duties. 

1945 (44) 87. 

(s) The court bailiffs in Aiken Countj^ shall receive a per diem of five 
($5.00) dollars in addition to mileage of ten (10^) cents one way for each term 
of court attended. 

1945 (44) 77. 

(t) The court crier in both the court of general sessions and the court of 
common pleas shall receive $3.00 per diem and mileage in Saluda County. 

1946 (44) 1356. 

This section, particularly subsection k, Greenville County, amended by 1944 Acts 
and Joint Resolutions (43 Statutes at Large) pages 1304 thru 1316. See § 4442-8, 
1944 Supplement. 

Above section replaces § 3518 in 1944 Supplement. 

§ 3552-8. Orangeburg County — deputy sheriffs. — The sheriff of Orangeburg 
County shall appoint such number of deputy sheriffs as compensation is 
provided for by county supply act from year to year. The deputy sheriffs 
appointed as herein provided for shall hold office for a period of one (1) 
year or for such less period of time as might be provided for in the commis- 
sion issued by the sheriff. The deputy sheriffs so appointed shall have all 
authority and power as prescribed by the general law of South Carolina 
for sheriffs and deput}^ sheriffs. The officers as named by the sheriff shall 
have general police duties which shall be prescribed by the sheriff and shall 
be subject to removal by the sheriff at any time in his discretion. They shall 
take the oath of office as required by law, and shall furnish bond in the 
sum of five hundred ($500.00) dollars for the faithful performance of their 
duties. 

This section shall not affect the appointment of deputy sheriffs who serve 
without compensation. 

1946 (44) 1338. 

Above section replaces § 3552-8 in 1942 Code. 



§ 3579 1946 Supplement 122 

§ 3579. Bond. 

See this section in 1944 Supplement. 

§ 3593. Enforce jury laws. 

See this section in 1944 Supplement. 

§ 3616. Clerk of court of Abbeville County to pay over certain funds. — 

Repealed hy lOJ^S Acts and Joint Resolutions (J^S Statutes at Large) pages '27Jf 
and ^75. 

§ 3617. Clerk of court of Marlboro County to pay certain funds to county 
treasurer — school funds. — Repealed hy 194-3 Acts and Joint Resolutiofis (^3 
Statutes at Large) pages 274 «**<^ ^7'5. 

§ 3618. Audits. — Repealed hy 1943 Acts and Joint Resolutions (43 Statutes 
at Large) pages 274 <*w^ ^'^^• 

§ 3622-1. Clerks of court record statistical data regarding birth of citizens. 

See this section in 1944 Supplement. 

§ 3627-1. Certify photostatic copies of records, Beaufort, Georgetown and 
Pickens Counties. — The clerks of court for Pickens, Beaufort and George- 
town Counties may certify or exemplify, as true copies of the records in their 
offices, photostatic copies of said records in the same manner that they now 
certify or exemplify typewritten copies thereof. 
1946 (44) 1510. 

§ 3632. Prerequisites for recording deeds, etc. 

See this section in 1944 Supplement. 

§ 3639-2. Fee record certain mortgages on crops and personalty, Bamberg, 
Berkeley, Dorchester, Fairfield, Jasper, Greenwood, McCormick, and Union 
Counties. 

See this section in 1944 Supplement. 

§ 3645. Bond— oath. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 95 and 96 provides 
for Edgefield County probate judge give bond in sum of $6,000 in lieu of $3,000. 

§ 3670. Abbeville County — pay over certain funds. — Repealed hy 1943 Acts 
and Joint Resolutions (43 Statutes at Large) page 274- 

§ 3673. Laurens County — deputy. — The judge of probate of Laurens County 
may appoint a deputy judge of probate, a record of whose appointment shall 
be made in his office. Before entering upon the duties of deputy judge of 
probate, such deputy shall take the oath prescribed by the Constitution, and 
when so qualified, the deputy may do and perform all of the duties apper- 
taining to the office of his principal. Such appointment shall be evidenced 
by a certificate thereof, signed by the judge of probate, and shall continue 
during the pleasure of said judge of probate of Laurens County. Provided, 



123 Code of Laws of South Carolina § 3700-5 

however, the probate judge shall be responsible for all acts of the deputy 
appointed by him under the terms of said act. 

1945 (44) 277. 

§ 3673, 1942 Code, repealed by 1943 Acts and Joint Resolutions (43 Statutes at 
Large) page 274. Above section added by 1945 p 277. 

§ 3673-1. Oconee County — deputy probate judge. 

(1) Appointment — bond. — There is hereby created for Oconee County the 
office of deputy probate judge. The judge of probate shall appoint his 
deputy, and the deputy shall qualify by taking the usual oath of office and 
entering into bond in the same sum as that of the probate judge conditioned 
for the faithful discharge of his duties. 

(2) Term — duties and powers. — The deputy probate judge shall hold 
office co-terminous with that of the probate judge unless sooner removed 
by the probate judge. He shall act for, in the name of, and in the stead of 
the judge of probate during the term of any disability of the probate judge 
requiring his absence from attendance upon the duties of his office. All 
acts, judgments, orders, decrees, licenses and any and all things needful 
to be done in the orderly discharge of the duties imposed upon the probate 
judge, and in the exercise of the powers in him vested shall be done in his 
name and signed for him by the deputy probate judge as such. 

(3) Effect of acts. — All acts, judgments, decrees, orders, licenses and any 
and every act or deed necessary to the orderly discharge of the duties and 
powers of the office of probate judge when done in the name of the judge 
of probate by his deputy probate judge as such shall have the same force 
and effect in law as if done by the judge of probate in person. 

(4) Salary. — The salary of the deputy probate judge shall be fixed by the 
probate judge not to exceed $100.00 per month. 

1945 (44) 280. 

§ 3683. Not practice law in civil cases — exceptions. 

See this section in 1944 Supplement. 

§ 3700. Abbeville County — pay over unclaimed funds. — Repealed hy 1943 
Acts and Joint Resolutions (4-3 Statutes at Large) page 274. 

§ 3700-1. Aiken County — salary — clerical help. — In addition to the fees and 
commissions now allowed by law, the master of Aiken County shall receive as 
compensation for his services an annual salary of nine hundred ($900.00) 
dollars, payable quarterly by the said county of Aiken. The master of Aiken 
County shall also receive for his use for stenographic service an annual sum 
of six hundred ($600.00) dollars, payable monthly by the said county of 
Aiken. 

1945 (44) 149. 

1945 p 149 added last sentence above to this section. Above section replaces said 
section in 1942 Code. 

§ 3700-5. Barnwell and Oconee Counties — pay over unclaimed funds. — 

Repealed hy 1943 Acts and Joint Resolutions (43 Statutes at Large) page 274. 



§ 3700-9 1946 Supplement 124 



§ 3700-9. Charleston County. — Repealed hy 1943 Acts and Joint Resohitio 
(43 Statutes at Large) page 274. 



i 



§ 3701-6. Dillon County — term — election vacancy. 

See this section in 1944 Supplement. 

§ 3701-8. Edgefield County — office of master abolished — duties and powers 
devolved on probate judge. — The office of master in and for Edgefield County 
is hereby abolished. All of the duties and powers of the master in Edgefield 
County are hereby imposed upon, vested in, and attached to the office of 
judge of probate in and for said county. The said probate judge shall receive 
as his compensation for acting as master the fees and commissions as are now 
provided by law for the master for services rendered. 

1945 (44) 60. 
§ 3702-3. Greenwood County. 

See this section in 1944 Supplement. 
§ 3702-7. Kershaw County — probate judge act as. 

See this section in 1944 Supplement. 
§ 3703-8. Pickens County — clerk of court act as master. 

See this section in 1944 Supplement. 

§ 3703-9. Richland, County — master and probate judge pay over to county 
treasurer unclaimed funds.— Repealed by J 943 Acts and Joint Resolutions (43 
Statutes at Large) page 274. 

§ 3712-1. Jurors — compensation — per diem and mileage. 

See this section in 1944 Supplement. 
§ 3749. Aiken County.—* * * 

(4) Magistrate and their constables furnish bonds. — No person shall be 
commissioned and qualified to discharge the duties and exercise the powers 
as magistrate or as magistrate's constable in and for Aiken County until 
he shall have first entered into, and caused to be filed in the off'ice of clerk 
of court of said county, bond to the State in the sum of one thousand 
($1,000.00) dollars. Said bond shall be conditioned for tlie faithful perform- 
ance and discharge of the duties of said officers, with surety to be approved 
by the county board of commissioners of Aiken County, the terms, form and 
execution thereof to be approved hj the attorney general of South Carolina, 
the premiums on all such bonds to be paid by Aiken Count3^ 

(5) Magistrates report and settle monthly. — On the first Monday in each 
month hereafter, each and every magistrate of Aiken County shall file with 
the treasurer of said county a written report of his acts and doings as such 
magistrate during the preceding month, showing all cases filed and the dis- 
position thereof. And, upon the filing of said reports, said magistrates shall 
pay over to the said treasurer all monies shown by said report to have been 
collected from fines imposed during the period covered by said report. 

(6) Payment of salaries to magistrates. — Any magistrate who shall neglect 
and fail to file the reports and account to the county treasurer for all monies 



125 Code of Laws of South Carolina § 3760 

collected as declared by subsection 5 shall not receive nor be paid any part 
of his salary or compensation for his services as such officer until he shall 
have filed his report and accounted for all funds collected by him as required 
by the terms of subsection 4 thru 6, 

1945 (44) 72. 

See this section also in 1944 Supplement. 

§ 3756. Berkeley County. 

(1) Magistrates and constables. — * * * 

In addition to the magistrates now provided by law in Berkeley County, 
there shall be a magistrate in the Macedonia section of said county. Said 
magistrate shall receive the same salary as the other magistrates in Berkeley 
County, and shall have one duly appointed constable who shall be paid the 
same salary as the magistrate appointing him. Said magistrate shall have 
jurisdiction of any and all cases arising within the county which are triable 
in the magistrates' court. 

1946 (44) 2599. 

See also this section in 1944 Supplement. 

§ 3757. Charleston County. 

See this section in 1944 Supplement. 
§ 3759. Cherokee County. 

See this section in 1944 Supplement. 

§ 3760. Chester County. 

(I) Salaries. — The magistrates of Chester County shall receive the follow- 
ing salaries : 

1st. district (Chester township), $1,800.00 
2nd. district (Lewisville township), $400.00 
3rd. district (Landsford township), $400.00 
4th. district (Baton Rouge township), $400.00 
5th. district (Hallsellville township), $300.00 
6th district (Hazelwood township), $120.00 
7th. district (Blackstock township), $300.00 
8th. district (Great Falls-Rossville 
township), $1,200.00 

The said salaries to be paid on a per annum basis and shall be paid monthly 
as provided by law. 

1945 (44) 190; 1946 (44) 1544. 

§ 3760 (1) 1944 Supplement replaced by above. 

(II) Constables — salaries. — The magistrates' constables of Chester County 
shall receive the following salaries: 

1st district (Chester township) $1,000.00 

2nd district (Lewisville township) $ 250.00 

3rd district (Landsford township) $ 250.00 

4th district (Baton Rouge township) $ 500.00 

5th district (Hallsellville township) $ 180.00 



§ 3760 1946 Supplement 126 

6th district (Hazelwood township) $ 100.00 

7th district (Blackstock township) $ 180,00 

8th district (Great Fall-Ross ville township) $ 600.00 

The said salaries are to be paid on a per annum basis and to be paid monthly 
as provided by law. 

1945 (44) 188, 189; 1946 (44) 1545. 

Above subsection replaces § 3760 (11), 1944 Supplement. 
See 1944 Supplement for further provisions of this section. 

§ 3760-2. Clarendon County. 

See this section in 1944 Supplement. 
§ 3761-1. Dillon County. 

(1) Jurors for magistrates' courts — preparation of list — boxes — drawing. — 
Three (3) qualified citizens in each township in Dillon County in which a 
magistrate's court is located shall be named by a majority of the Delegation 
to the General Assembly from Dillon County, to carry out the provisions of 
this subsection, and they are hereby declared to be the jury commissioners 
of the magistrate's court in said township, and they shall on or before the 
first day of April, 1946, and every two years thereafter prepare a box to be 
known as the "Jury Box" for tlie magistrate's court in their respective 
township, which said box shall contain two compartments designated as "A" 
and "B" respectively, and shall prepare and place within compartment "A" 
of said box not less than seventy-five per cent (75%) of the male citizens 
of the school district in said township in which the magistrate's office is 
located who are qualified for jury duty under existing laws of the State of 
South Carolina, and after placing such names in compartment "A" of said 
box it shall be placed in the custody and keeping of the magistrate in the 
respective township and by him kept locked and at all times in a place of 
safety, to be opened only on the occasions when a jury trial is demanded 
and in such cases a designated disinterested bystander shall draw eighteen 
(18) names from compartment "A" of said jury box after having first turned 
it over several times and thoroughly shaken the names therein and make 
a list for each of the parties to the action on trial, the six (6) names not 
objected to by either party on said list shall constitute the jury to try the 
case, the names drawn out of compartment "A" for any case, whether ac- 
cepted or rejected, shall be placed in compartment "B" and not removed 
therefrom until all the names in compartment "A" are exhausted and, ex- 
cept as herein provided the procedure for jury trials in magistrates' courts 
in Dillon County shall be according to the laws now governing magistrates' 
trials in South Carolina. 

1946 (44) 1329. 

§ 3764. Fairfield County. 

(1) Districts. — There shall be seven (7) magisterial districts in the county 
of Fairfield with a magistrate residing in each district. The county is hereby 
divided into seven (7) magisterial districts as follows: the first district shall 
comprise township No. 1 and that part of township No. 13 lying north of 
s*^ate highway No. 22 leading from Belle's bridge over Little River to Strother 



127 Code of Laws of South Carolina § 3764 

on Broad River. The second district shall be composed as follows : com- 
mencing at the bridge across Jackson Creek on the road leading from Milling 
cross road to Lebanon Church, running thence down the run of Jackson 
Creek to Little River, thence northward along the run of Little River to 
Belle's bridge, thence along state highway No. 22 to Strother on Broad River, 
thence southward along the run of Broad River to the mouth of Little River, 
thence northward along the run of Little River to the southeastern corner 
of school district No. 10, as shown on the plat of Fairfield County made by 
Howell Jones, surveyor, thence following the eastern line of said school dis- 
trict No. 10 to Mill Creek, thence along the public road known as the old 
Columbia road to the point of commencement on Jackson Creek. The Third 
district shall comprise township No. 2 and that part of township No. 12 lying 
north of Jackson Creek. The fourth district shall comprise townships No. 
14, No. 4, and that part of township No. 7 lying east of the Southern railway 
and northwest of the public road leading from J. M. Vaughn's residence 
towards Morrow Hill Church on the line between townships No. 4 and No. 7 ; 
also school district No. 28 and that part of school district No. 23 lying east 
of the public road leading from the bridge on Jackson Creek by way of 
Milling cross road to Mill Creek. The fifth district shall comprise all of 
present school district No. 9, school district No. 18, and Palmetto school 
district. The sixth district shall comprise so much of township No. 7 as lies 
south and east of the public road leading from J. M. Vaughn's residence 
towards Morrow Hill Church, so much of township No. 8 as is not embraced 
within the area of school district No. 9, township No. 6, and that part of 
township No. 5 as is included in school district No. 22. The seventh district 
shall embrace township No. 3 and school district No. 5. 

(2) Jurisdiction — constables. — Each magistrate shall be a resident of the 
district for which he is appointed magistrate, and shall reside therein during 
the term of his office. In criminal cases the jurisdiction of such magistrates 
shall be exclusively within their respective districts, and in civil matters such 
magistrates shall have concurrent jurisdiction. None of the magistrates shall 
have the power to appoint constables. The sheriff and his deputies shall 
perform the duties of constables for all the magistrates in said county : pro- 
vided, that in misdemeanors committed on any of the highways constituting 
a boundary of any of said magisterial districts, the magistrate on either side 
of said boundary line shall have jurisdiction of such cases. 

(3) Salaries. — The salary of the magistrate in district No. 4 shall be six 
hundred ($600.00) dollars per year, and the magistrate in each of the other 
districts shall receive three hundred ($300.00) dollars per year. 

1,945 (44) 314. 

(4) Winnsboro Mill Village — appointment — jurisdiction— term — salary. — 
An additional magistrate's district is hereby created in Fairfield County, 
comprising the territory embraced by and included in the Winnsboro Mills 
Village, and a magistrate shall be appointed by the Governor for the said 
district upon the recommendation of the Fairfield Delegation in the General 



§ 3764 1946 Supplement 128 

Assembly. The said magistrate so appointed shall have eoncnrreiit jurisdic- 
tion in the territory embraced in townsliip No. 14 in Fairfield County, and 
also the power and authority of a committing magistrate and such civil 
jurisdiction as provided by law; he shall hold office for the term of two 
years, and until his successor is appointed and qualified. The said magistrate 
shall receive the salary as provided in the annual supply bill of Fairfield 
County, to be paid in the same manner as the salaries of other magistrates 
are paid. 

1946 (44) 1335. 

Above section replaces § 3764, 1942 Code, and § 3764, 1944 Supplement. 

§ 3768. Greenwood County. 

See this section in 1944 Supplement. 
§ 3769. Greenville County. 

See this section in 1944 Supplement. 

§ 3770. Horry County. 

See this section in 1944 Supplement. 
§ 3771. Jasper County. 

See this section in 1944 Supplement. 
§ 3772. Kershaw County. 

See this section in 1944 Supplement. 
§ 3773. Lee County.—* * * 

The dividing line between Lucknow magisterial district of Lee County and 
Bishopville magisterial district of Lee County shall be the dividing line be- 
tween Turkey Creek school district and St. Matthews school district, so that 
all of St. Matthews school district shall be a part of Bishopville magisterial 
district and all of Turkey Creek scliool district sliall be a part of Lucknow 
magisterial district. 

1946 (44) 2573. 

See also this section in 1944 Supplement. 

§ 3773-1. Lancaster County. — '•" * * 

(2) Jurisdiction. — In all criminal actions triable by them said magistrates, 
ivith the exception of the one for Gills Creek township, shall have exclusive 
jurisdiction within the limits of their respective districts. In such actions the 
magistrate for Gills Creek totvnship shall have jurisdiction throughout the limits 
of the county. In prosecutions cognizable by the courts of general sessions and 
in all civil matters said magistrates shall each have jurisdiction throughout 
the limits of the count}'. But prosecutions and civil actions may be removed 
from one magistrate to another for the same cause and in the same manner 
as is now provided by law, and the courts of common pleas shall have concurrent 
jurisdiction in all civil actions triable by magistrates. 

1946 (44) 1356. 

Portions in italics added by 1946 p 1356. Above subsection replaces said subsection 
1942 Code. 

§ 3776. McCormick County. 

See this section in 1944 Supplement. 



129 Code op Laws of South Carolina § 3785 

§ 3777. Newberry County.—* - 

(4) Constable, district 1. — In the event the Governor of the State shall ap- 
point and commission the magistrate's constable for district No. 1 to act as 
state constable in the enforcement of law and order in district No. 1 and in 
Union County, the board of commissioners of Newberry County is hereby 
authorized and directed to pay the sum of not more than eight hundred and 
eighty ($880.00) dollars as additional compensation for such state constable, 
so appointed by the Governor. Provided, that the said additional compen- 
sation shall be payable monthh^ and that such payments shall be discontinued 
by the said board of commissioners at any time upon direction of the majority 
of the legislative delegation of Newberr^y County. 

(5) Constable, district 5. — In the event the Governor of the State shall 
appoint and commission the magistrate's constable for district No. 5 to act 
as state constable in the enforcement of law and order in district No. 5 and 
in Greenwood County and Saluda County, the board of commissioners of 
Newberry County is hereby authorized and directed to pay the sum of not 
more than three hundred and thirty ($330.00) dollars as additional compen- 
sation for such state constable. Provided., the said additional compensation 
shall be payable monthly and that such payments shall be discontinued by the 
said board of commissioners at any time upon direction of the legislative 
delegation of Newberry Count}'. 

1946 (44) 1349. 

§ 3782. Richland County. 

See this section in 1944 Supplement. 

§ 3783. Saluda County. 

See this section in 1944 Supplement. 

§ 3785. Spartanburg County. 

(1) Number — term — jurisdiction — salaries — fees. — There shall be twelve 
(12) magistrates for Spartanburg County, who shall go into office on Feb- 
ruary 15th, 1933, or as soon thereafter as they may be appointed and qualified. 
Their terms of office shall be for two (2) years from the date of their ap- 
pointment and until their successors shall have been appointed and qualified. 
The said magistrates shall be appointed by the Governor upon the consent 
and advice of the Senate : provided, however, a magistrate may, also, be ap- 
pointed at the town of Greer if, in the opinion of the Senator from Spartan- 
burg County such appointment is advisable. In addition to the number of 
magistrates in Spartanburg County, there is hereby created the office of 
magistrate at Pacolet Mill in Spartanburg County. There shall be two addi- 
tional magistrates for the County of Spartanburg, to be located one at Glen- 
dale and one at Clifton Mills number one (1), in said count3^ The office 
of magistrate is hereby created at Reidville and at Duncan in the county of 
Spartanburg, such magistrates for said places to be appointed as now pro- 
vided for by law. Of matters within the jurisdiction of magistrates' courts, 
both civil and criminal, the said magistrates shall have jurisdiction through- 



§ 3785 1946 Supplement 130 

out Spartanburg County. Their salaries shall be as is from time to time set 
out in Spartanburg County's supply act and shall constitute their entire 
compensation as magistrates, and all fees collected by said magistrates shall 
be paid over to the county treasurer as hereinafter provided. Said magistrates 
shall collect the fees in both criminal and civil matters as now authorized 
and allowed by law, and shall keep an accurate account thereof as to the 
amount of such fees collected by them during the calendar month just pre- 
ceding, shall be transmitted to the auditor of Spartanburg County and at 
the same time shall pay over to the treasurer of Spartanburg County all of 
such collections accompanying each payment with an itemized statement, 
showing the source and amount of such fees. All such fees in civil matters 
shall be payable in advance. The reports required herein of the magistrates 
shall be sworn to, and it shall be unlawful for the governing body of Spar- 
tanburg County to approve or pay claims for magistrates' salaries unless 
the reports and statements herein required shall have been made and all 
funds collected by the respective magistrates paid to the county treasurer; 
provided, that any salary due any magistrate shall be applied in full, or par- 
tially, in the payment of any amount due by said magistrate and not paid 
to the county treasurer. Upon failure of any magistrate in said county to 
fully account for and pay to said treasurer all monies accruing to said county 
collected by him or for which he may be accountable or chargeable regardless 
of the reason therefor, such magistrate shall be liable therefor. 

1946 (44) 1565. 

Above subsection 1 replaces said subsection in 1942 Code. 

See also this section in 1944 Supplement. 

§ 3786-1. Sumter County — third magisterial district. 

(11) Change of venue. — The magistrate of the third magisterial district of 
Sumter County shall have the power to change the venue, upon the grounds 
now provided by law for the change of venue in magistrate's courts, in all 
civil cases, involving amounts above one hundred ($100.00) dollars, pending 
therein and over which said court has original jurisdiction, by ordering the 
record or records in such cases to be filed in the office of the clerk of court 
for Sumter Countj- and the jurisdiction thereof shall immediately vest in the 
court of common pleas, subject, however, to the right of appeal by any party 
aggrieved as now provided by law, and in all other cases, said magistrate 
shall have power to change the venue as now provided by law for change of 
venue in magistrate's courts. 

1945 (44) 106. 

§ 3787. Union County. 

See this section in 1944 Supplement. 

§ 3789. York County.—* * * i 

(2) Jurisdiction — duties — constables. — * * * ^ 

All civil cases brought in the magistrate's courts in York County shall be 
brought and tried before the magistrate of the district wherein the defendant 



131 Code of Laavs op South Carolina § 3810-1 

resides; provided, however, the venue may be changed in the manner provided 
by law. 

1946 (44) 2600. 

1946 Acts and Joint Resolutions (44 Statutes at Large) page 2600 eliminated "each 
of whom shall have civil jurisdiction over the entire county", on the 2nd and 3rd lines 
of subsection 2 of this section in 1942 Code and added the above sentence. 

(6a) Magistrates post reports of criminal business. — Repealed hy 1946 Acts 
and Joint Resolutions (44 Statutes at Large) page 1402. 

§ 3792-4A. Governor appoint constables in Charleston County on recom- 
mendation of chairman of Charleston County council civilian defense — pay — 
bond — removal — term. 

See this section in 1944 Supplement. 
§ 3793. Chester County rural police system. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1547 and 1548 pro- 
vides for further duties of rural police. 
See also this section in 1944 Supplement. 

§ 3793-11. Chesterfield County rural peace officers. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 2574 and 2575 
amended subsections 1 and 6 of this section. See same for changes made. 

§ 3802-6. — Lee County rural police system. 

See this section in 1944 Supplement. 

§ 3805. Oconee County rural police. — Repealed hy 1946 Acts and Joint Reso- 
lutions (44 Statutes at Large) page 15. 

§ 3808. Sumter County rural police. 

Subsections 1 and 2 amended by 1945 Acts and Joint Resolutions (44 Statutes at 
Large) pages 115 thru 117. See same for changes made. 

§ 3810. York County rural police. 

York County rural police and rural po- provisions, 1944 Acts and Joint Resolu- 

lice commission abolished by 1943 Acts tions (43 Statutes at Large) pages 1248 

and Joint Resolutions (43 Statutes at thru 1251, and 1946 Acts and Joint Reso- 

Large) pages 70 thru 72: and new police lutions (44 Statutes at Large) pages 1497 

system for said county was set up by said thru 1500. 

ARTICLE I 

South Carolina Retirement System 

§ 3810-1. Definitions. — The following words and phrases as used in this 
article, unless a different meaning is plainly required by the context, shall 
have the following meanings : 

(1) 'Retirement System' shall mean the South Carolina retirement system 
as defined in section 3810-2. 

(2) 'Public school' shall mean any day school conducted within the State 
under the authority and supervision of a duly elected or appointed city, 
district, or county school board. 

(3) 'Teacher' shall mean any teacher, helping teacher, attendance teacher, 
librarian, principal, supervisor, superintendent of public schools, superintend- 



§ 3810-1 1946 Supplement 132 

ent of public instruction, county superintendents of education and all em- 
ployees in the offices of county superintendents of education, bus drivers 
and all employees of the public schools supported by the State, counties and 
school districts. In all cases of doubt, the retirement board, hereinafter de- 
fined, shall determine whether any person is a teacher or employee as defined 
in this article. 

(4) 'Employee' shall mean, to the extent that they are compensated by the 
State, all employees, agents, or officers of the State of South Carolina or 
any of its departments, bureaus and institutions, other than the public schools, 
whether such employees are elected, appointed or employed, the presidents, 
deans, professors, teachers and employees of any college, iniiversity or edu- 
cational institution of higher learning supported by and under control of 
the State, but not including Supreme and circuit court judges. And all 
employees, agents or officers of any county, municipality, school district, or 
agencies and department thereof, which shall have been admitted to the 
South Carolina retirement system under the provisions of section 3810-3, 
paragraph (7), to the extent that they are compensated for services from 
public funds. Provided, that employees of the extension service and other 
employees, a part of Avhose salaries or wages are paid by the Federal Govern- 
ment, shall be employees under the terms of this article ; provided, that the 
federal funds from which said salaries are paid shall before disbursement be 
and become state funds. 

(5) 'Employer' shall mean the State of South Carolina, the county board 
of education, the district board of trustees, the city board of education, the 
state board of education, tlie board of trustees or other managing board of 
all state supported colleges aud educational institutions, or any other agency 
•of the State by which a teacher or other employee is paid. The term 'em- 
ployer' shall also include any county, municipal, and other political sub- 
divisions of the State, departments and agencies thereof, which shall have 
been admitted to the South Carolina retirement system under the provisions 
of section 3810-3, paragraph (7). 

(6) 'Member' shall mean any teacher or employee included in the mem- 
bership of the system as provided in sections 3810-3 and 3810-4. 

(7) 'Retirement board' shall mean the board provided for in section 3810-6 
to administer the retirement system. 

(8) 'Medical board' shall mean the board of physicians provided for in 
section 3810-6. 

(9) 'Service' shall mean service as a teacher or employee as described in 
subsections three and four of this section. 

(10) 'Prior service' shall mean service rendered prior to the date of estab- 
lishment of the retirement system for which credit is allowable under section 
3810-4. 

(11) 'Membership service' shall mean service as a teacher or employee 
rendered while a member of this retirement system. 



133 Code of Laws of South Carolina § 3810-1 

(12) 'Creditable service' shall mean 'prior service' plus 'membership ser- 
vice' for which credit is allowable as provided in section 3810-4. 

(13) 'Beneficiary' shall mean any person in receipt of a pension, an an- 
nuity, a retirement allowance or other benefit as provided by this article. 

(14) 'Eegular interest' shall mean interest compounded annually at such 
a rate as shall be determined by the retirement board in accordance with 
section 3810-7, subsection two. 

(15) 'Accumulated contributions' shall mean the sum of all the amounts 
deducted from the compensation of a member and accredited to his individual 
account in the employee annuity savings fund, together with regular interest 
thereon as provided in section 3810-8. 

(16) 'Earnable compensation' shall mean the full rate of the compensation 
that would be payable to a teacher or employee if he worked in full normal 
working time. In cases where compensation includes maintenance, fees and 
other things of value, the retirement board shall fix the value of that part 
of the compensation not paid in money directly by the emj^loyer. 

(17) 'Average final compensation' shall mean the average annual earnable 
compensation of a teacher or employee during his last five years of service, 
or if he had less than ten years of service, then his average earnable com- 
pensation for his total service. 

(18) 'Employee annuity' shall mean payments for life derived from the 
'accumulated contribution' of a member. All employee annuities shall be 
payable in equal monthly installments. 

(19) 'Employer annuity' shall mean payments for life derived from money 
provided by the employer. All employer annuities shall be payable in equal 
monthly installments. 

(20) 'Retirement allowance' shall mean the sum of the 'employer annuity 
and the employee annuity', or any optional benefit payable in lieu thereof. 

(21) 'Retirement' shall mean the withdrawal from active service with a 
retirement allowance granted under the provisions of this article. 

(22) 'Employee annuity reserve' shall mean the present value of all pay- 
ments to be made on account of employee annuity or benefit in lieu of any 
employee annuity, computed on the basis of such mortality tables as shall 
be adopted by the retirement board and regular interest. 

(23) 'Employer annuity reserve' shall mean the present value of all pay- 
ments to be made on account of any employer annuity or benefit in lieu of 
any employer annuity, computed upon the basis of such mortality tables as 
shall be adopted by the retirement board and regular interest. 

(24) 'Actuarial equivalent' shall mean a benefit of equal value when com- 
puted upon the basis of such mortality tables as shall be adopted by the 
retirement board and regular interest. 

(25) The masculine pronoun wherever used shall include the feminine 
pronoun. 

(26) 'Temporary employee' shall mean any employee whose period of 
service is of not more than six (6) calendar months duration. 

1945 (44) 212; 1946 (44) 1503, 2580. 



§ 3810-2 1946 Supplement 134 

§ 3810-2. Name and date of establishment — persons applicable — payment of 
allowances and benefits. — A retirement system is hereby established and 
placed under the management of the retirement board for the purpose of 
providing retirement allowances and other benefits under the provisions 
of this article for teachers and employees of the State of South Carolina and 
political subdivisions thereof. The retirement system so created shall be estab- 
lished as of the first day of July, one thousand nine hundred and forty-five ; 
but, provided, however, that no retirement allowances or benefits shall be paid 
under this article prior to July 1, one thousand nine hundred and forty-seven, 
except that teachers and employees sixty -five (65) years of age and above who 
are certified as mentally or physically incapacitated for the further perform- 
ance of duty under the provisions of section 3810-5, subsection (3) and all 
teachers and employees seventy (70) years of age and above, who are in 
service April 26, 1945, may receive retirement allowances on and after July 1, 
one thousand nine hundred and forty-six, whether or not such teachers and 
employees remain in service until that time : provided, further, that teachers 
who have taught for a period of thirty-five years or more may retire and 
receive benefits hereunder beginning July 1, 1945. 

It shall have the power and privileges of a corporation and shall be known 
as the 'South Carolina retirement system' and by such name all of its bus- 
iness shall be transacted, all of its funds invested, and all of its cash and 
securities and other property held. 

1945 (44) 212. 

§ 3810-3. Membership — existing retirement systems or funds. — The member- 
ship of tliis retirement system shall be composed as follows: 

(1) All persons who shall become teachers or state employees after the date 
as of which the retirement system is established, except those specifically 
excluded under paragraph five (5) of this section, shall become members of 
the retirement system as a condition of their employment. 

(2) All persons who are teachers or state employees on April 26, 1945, 
except those specifically excluded under paragraph five (5) of this section 
shall become members as of that date unless on or before January 1, 1947, 
they shall have filed with the retirement board on a form prescribed by said 
board a notice of their election not to be covered in the membership of the 
system and a duly executed waiver of all present and prospective benefits 
which would otherwise inure to them on account of their participation in the 
retirement system ; and any teacher or employee who shall have become a 
member of the retirement system may withdraw by filing a non-election 
blank at any time prior to Januarj^ 1, 1947, and any sums paid b}^ such teacher 
or employee for contributions shall be refunded. Likewise, any teacher or 
employee who, prior to April 26, 1945, has elected not to become a member 
of the retirement system may withdraw such election and become members 
up to January 1, 1947, with all prior service credits preserved. Provided, 
however, that such teachers and employees shall be subject to the payment 
of such contributions as the retirement board may determine, if any, to be 



135 Code of Laws of South Carolina § 3810-3 

necessarj'- to avoid any possible discrimination as against teachers and em- 
ployees coming under the terms of this article at an earlier date. 

(2a) All teachers who prior to January 1, 19-46 shall have taught for a 
period of thirty-five (35) years, regardless of whether they were employed 
on April 26, 1945, or subsequently, shall become members of the retirement 
system and be entitled to all benefits therefrom including prior service credit. 
In the calculation of the thirty-five (35) years, teaching in adult schools, 
night schools and schools for illiterates, and work in public school libraries 
shall be deemed to be equivalent to teaching in public schools. 

(3) All persons, except those specifically excluded in paragraph five (5) 
of this section, who shall become employees of any county, municipality, 
agency or department thereof, after the admission of such county, municipal- 
ity, agency or department thereof, into this retirement system under the 
provisions of section 3810-3, paragraph seven (7), shall become members of 
this retirement system as a condition of their employment. 

(4) All persons, except those specifically excluded in paragraph five (5) 
of this section, who are employees of any county, municipality, agency or 
department thereof, after the admission of such county, municipality, agency 
or department thereof, into this retirement system under the provision of 
section 3810-3, paragraph seven (7), shall become members on the date of 
such admission, unless within a period of six (6) months next following such 
admission they shall have filed with the retirement board on a form pre- 
scribed by said board a notice of their election not to be covered in the mem- 
bership of this system and a duly executed waiver of all present and pros- 
pective benefits which would otherwise inure to them on account of their 
participation in this retirement system. 

(5) Notwithstanding any provision of this article to the contrary, all 
teachers or employees who are members of any other retirement system, or 
fund, now in operation under sponsorship of any governmental agency, or 
department, shall not be entitled to membership in the South Carolina retire- 
ment system, unless on or before a date not more than one year next follow- 
ing the establishment of this retirement system any such teacher or employee 
shall indicate by a notice filed with the retirement board on a form prescribed 
by the board his individual election and choice to participate in this retire- 
ment system. Should a majority of the members of any such retirement 
system or fund so vote, then the retirement board of the South Carolina re- 
tirement system shall announce by a notice duly filed with the persons in 
charge of the administration of such retirement system, or fund, that on and 
after a certain date to be set by the retirement board of the South Carolina 
retirement system not more than thirty days next succeeding the date of 
the majority vote, but not prior to the date the South Carolina retirement 
system is established, all members of that retirement system or fund shall be 
eligible to participate in the South Carolina retirement system. xVll members 
of said retirement system or fund shall then become members of the South 
Carolina retirement system on such date, unless within thirty days next suc- 
ceeding they shall elect not to become members. All new teachers and em- 



§ 3810-3 1946 Supplement 136 

ployees shall thereafter become members of the South Carolina retirement sys- 
tem as a condition of their employment. Any teacher or employee eligible to 
participate who shall elect not to become a member of the South Carolina 
retirement system shall file with the retirement board on the form prescribed 
by the said board an election not to be covered in the membership of the 
system and a duly executed waiver of all present and prospective benefits 
which otherwise would inure to him on account of his participation in the 
retirement system. 

If the majority of the members of a retirement or pension fund do vote to 
enter the South Carolina retirement system as described above, the local fund 
shall be discontinued within tliirty days next succeeding the date of the ma- 
jority vote, but not prior to the establishment of this retirement system, the 
payment of all pensions to members on the pension roll as of the date of 
discontinuance shall become an obligation of the city, county or other unit 
in which the fund was operated and shall be continued and paid by such city, 
county, or other unit. The moneys and securities of the fund, not exceeding 
the present value of the payments to be made on account of all pensions 
to the pensioners on the rolls of the fund as of the date of discontinuance 
shall be transferred to the said city, county or other unit as an offset to the 
payments required for the existing pension roll ; and the amount of the excess 
of the moneys and securities of the fund over and above the present value 
of the payments to be made on account of all employer annuity to pensioners 
shall be distributable among the active members of the fund at the time of 
its discontinuance in proportion to the respective contributions which they 
had previously made to the fund, provided, that no member shall receive 
more than his accumulated contributions. If the distributable funds are 
more than sufficient to provide each member with his accumulated contribu- 
tions, the excess shall be transferred to the said city, county, or other political 
subdivision of the State. 

(6) Should any member in any period of six consecutive years after be- 
coming a member be absent from service more than five years, or should he 
withdraw his accumulated contributions, or should he become a beneficiary 
or die, he shall thereupon cease to be a member. 

(7) Any county, municipal, or other political subdivision of the State, 
agencies and departments thereof, including school boards, are hereby author- 
ized and empowered, in their discretion to become 'employers' (under the 
definition of 'employers') under the provision of this article by applying to 
the retirement board for admission therein, and complying with the require- 
ments of this article and the rules and regulations of the said retirement 
board. 

(8) A teacher or employee whose membership in the retirement system 
is contingent on his own election and who elects not to become a member, 
may thereafter apply for and be entitled to membership, but no such teacher 
or employee shall receive prior service credit unless he becomes a member prior 
to January 1, 1947. 



137 Code of Laws of South Carolina § 3810-4 

(9) Any person now, or hereafter, employed by the State, or any county, 
municipality or other political subdivision of the State, in the capacity of a 
fireman, or a peace officer, shall not be required to participate in the retire- 
ment system provided for by this article, if said person is a member of, or 
becomes a member of, any fireman's pension fund or retirement system which 
may be now or hereafter established or created pursuant to law or the police 
insurance and annuity fund. 

(10) School teachers who have retired since July 1, 1940, and who, at the 
time of their retirement, had taught for 35 years or more, shall be eligible 
for all of the retirement benefits provided in this article, on the same terms 
and conditions that apply to teachers who retire after July 1, 1945. 

1945 (44) 212; 1946 (44) 1503, 1537. 

§ 3810-4. Creditable service — establishment — prior service certificates — basis 
for allowance. — (1) Under such rules and regulations as the retirement board 
shall adopt, each member, who was a teacher or employee at any time during 
the five years immediately preceding the establishment of the system and 
who becomes a member during the first year of operation of the retirement 
system, shall file a detailed statement of all South Carolina service as a teacher 
or employee rendered by him prior to the date of establishment for Avhich 
he claims credit. 

(2) The retirement board shall fix and determine by appropriate rules and 
regulations how much service in any year is equivalent to one year of service, 
but in no case shall more than one year of service be creditable for all ser- 
vices in one year. Service rendered for the regular school year in any dis- 
trict shall be equivalent to one year's service. 

(3) Subject to the above restrictions and to such other rules and regula- 
tions as the retirement board may adopt, the retirement board shall verify, 
as soon as practicable after the filing of such statements of service therein 
claimed. 

In lieu of determination of the actual compensation of the members that 
was received during such period of prior service the retirement board may 
use for the purpose of this article the compensation rates which will be deter- 
mined by the average salary of the members for five years immediately pre- 
ceding the date this system became operative as the records show the member 
actually received. 

(4) Upon verification of the statements of service, the retirement board 
shall issue prior service certificates certifying to each member the period of 
service prior to the establishment of the retirement system with which the 
member is credited on the basis of his statement of service. So long as mem- 
bership continues a prior service certificate shall be final and conclusive for 
retirement purposes as to such service : provided, however, that any member 
may, within one year from the date of issuance or modification of such cer- 
tificate, request the retirement board to modify or correct his prior service 
certificate. When membership ceases, such prior service certificate shall be- 
come void. Should the teacher or employee again become a member, such 



§ 3810-4 1946 Supplement 138 

teacher or employee shall enter the system as a teacher or employee not en- 
titled to prior service credit except as provided in section 3810-5, subsection 
five, paragraph (b). 

(5) Creditable service at retirement on which the retirement allowance 
of a member shall be based shall consist of the membership service rendered 
by him since he last became a member, and also the amount of service cer- 
tified on his prior service certificate, if he has a prior service certificate which 
is in full force and effect. 

(6) Any county, municipal, or other political subdivision of the State, 
agencies and departments thereof, including school boards desiring to become 
"employers" under section 3810-3 (7), but not having elected to become such 
"employers" on or by June 30, 1946, may avail themselves of the provisions 
of said section 3810-3 (7), at any time on or before June 30, 1947, and without 
loss or prejudice to their affected employees' claim to prior service credits 
as outlined in the above division of this section 3810-4; but such electing 
"employers" and their employees shall be subject to the payment of such 
contributions as the retirement board may determine, if any, to be necessary 
to avoid any possible discrimination as against employers and employees 
coming under the terms of this article at an earlier date. 

1945 (44) 212; 1946 (44) 1503. 

§ 3810-5. Benefits: 

(1) Service retirement benefit. — (a) Any member in service may retire upon 
written application to the retirement board setting forth at what time, not 
less than thirty days nor more than ninety days subsequent to the execution 
of and filing thereof, he desires to be retired ; provided, that the said members 
at the time so specified for liis retirement shall have attained the age of sixty 
years or in the case of teachers shall have taught for a period of thirty-five 
(35) years, and notwithstanding that, during such period of notification, he 
may have separated from service. 

(b) Any teacher in service who has attained the age of 65 years shall be 
retired forthwith : provided, that with the approval of his employer he may 
remain in service until the end of the school year following the date on which 
he attains the age of 65 years; provided, further, that no teacher shall be 
forced to retire from teaching before June 30, 1947. 

(c) Any employee in service who has attained the age of sixty-five years 
shall be retired at the end of the fiscal year unless the employer request such 
persons to remain in the service, and notice of this request is given in writing 
thirty daj^s prior to the end of the fiscal year. Provided, that this section 
shall not apply to persons holding elective offices. 

(d) Effective July 1, 1947, any employee in the service who has attained 
the age of seventy years shall be retired forthwith ; provided, that with the 
approval of his employer he may remain in service until the end of the year 
following the date on which he attains the age of seventy years ; provided, 
that with the approval of his employer and the retirement board any em- 
ployee who has attained or shall attain the age of seventy years may be 



139 Code of Laws of South Carolina § 3810-5 

continued in service for a period of one year following each such request 
until such employee has reached age seventy -two (72), provided, that this 
section shall not apply to persons holding elective offices, and no person 
shall be required to retire until the end of the term of office to which he may 
have been appointed. 

(e) Any teacher who has taught 35 years in the public schools of South 
Carolina may elect to retire under the provisions of this article and shall be 
entitled to the benefits thereof. 

(2) Allowances for service retirement. — Upon retirement from service a 
member shall receive a service retirement allowance which shall consist of : 

(a) An employee annuity which shall be actuarial equivalent of his accumu- 
lated contributions at the time of his retirement; and 

(b) An employer annuity equal to the employee annuity allowable at age 
65, or at age of retirement, whichever is less, computed on a basis of contri- 
butions made prior to age 60; and 

(c) If he has a prior service certificate in full force and effect, an addi- 
tional employer annuity allowable at age 65, or at age of retirement, which- 
ever is less, which shall be equal to the employee annuity which would have 
been provided by twice the contributions which he would have made during 
such prior service had the system been in operation and he contributed there- 
under during the period of such prior service. 

(3) Disability retirement benefits. — Upon the application of a member in 
service or of his employer, any member who has had ten or more years of 
creditable service may be retired by the retirement board, not less than 
thirty and not more than ninety days next following the date of filing such 
application, on a disability retirement allowance : provided, that the medical 
board, after a medical examination of such member, shall certify that such 
member is mentally or physically incapacitated for the further performance 
of duty, that such incapacity is likely to be permanent, and that such member 
should be retired. 

(4) Allowance on disability retirement. — Upon retirement for disability a 
member shall receive a service retirement allowance if he has attained the 
age of sixty years, otherwise he shall receive a disability allowance which 
shall consist of: 

(a) An emploj'ee annuity which shall be actuarial equivalent of his accu- 
mulated contributions at the time of retirement; and 

(b) An employer annuity equal to seventy-five per centum of the employer 
annuity that would have been payable upon service retirement at the age of 
sixty years had the member continued in service to the age of sixty years 
without further change in compensation. 

(5) Re-examination of beneficiaries retired on account of disability — restora- 
tion to active service. — Once each year during the first five years following 
retirement of a meml)er on a disability retirement allowance, and once 



§ 3810-5 1946 Supplement 140 

in every three-year period thereafter, the retirement board may, and upon his 
application shall, require any disability beneficiary who has not yet attained 
the age of sixty years, to undergo a medical examination, such examination 
to be made at the place of residence of said beneficiary or other place mu- 
tually agreed upon, by a physician or physicians designated by the retire- 
ment board. Should any disability beneficiary who has not yet attained the 
age of sixty years refuse to submit to at least one medical examination in 
any such year by a physician or physicians designated by the retirement 
board, his allowance may be discontinued until his withdrawal of such refusal, 
and should his refusal continue for one year all his rights in and to his 
annuity may be revoked by the retirement board. 

(a) Should the medical board report and certify to the retirement board 
that such disability beneficiary is engaged in or is able to engage in a gainful 
occupation paying more than the difference between his retirement allowance 
and the average final compensation, and should the retirement board concur 
in such report, then the amount of his employer annuity shall be reduced to 
an amount which, together with his employee annuity and the amount earn- 
able by him, shall equal the amount of his average final compensation. Should 
his earning capacity be later changed, the amount of his annuity may be fur- 
ther modified; provided, that the new employer annuity shall not exceed the 
amount of the emploj'cr annuity originally granted nor an amount, which, 
Avhen added to the amount earnable bj' the beneficiary together with his em- 
ployee annuity, equals the amount of his average final compensation. A 
beneficiary restored to active service at a salary less than the average final 
compensation shall not become a member of the retirement system. 

(b) Should a disability beneficiary under the age of sixty years be restored 
to active service at a compensation not less than his average final compensa- 
tion, his retirement allowance shall cease, he shall again become a member 
of the retirement system, and he shall contribute thereafter at the same rate 
he paid prior to disability. Any such prior service certificate on the basis 
of which his service was computed at the time of his retirement shall be 
restored to full force and effect, and in addition, upon his subsequent retire- 
ment he shall be credited with all his service as a member, but should 
he be restored to active service on or after the attainment of the age of fifty 
years, his employer annuity upon subsequent retirement shall not exceed 
the sum of the employer annuity wdiich he was receiving immediately prior 
to his last restoration and the employer annuity that he would have received 
on account of his service since his last restoration had he entered service 
at the time as a new entrant. 

(6) Return of accumulated contributions. — Should a member cease to be 
a teacher or emploj'ee except by death or retirement under the provisions 
of this article, he shall be paid such part of the principal amount of the ac- 
cumulated contributions standing to the credit of his individual account in 
the employee annuity savings fund as he shall demand. Should a member 
die before retirement the amount of his accumulated contributions standing 
to the credit of his individual account shall be paid to his estate or to such 



141 Code of Laws of South Carolina § 3810-6 

person as he shall have uomiuated by written designation, duly executed and 
filed with the retirement board. Provided, however, that should any member 
leave, upon ceasing to be a teacher or employee, so much of the amount 
standing to his or her credit in the fund and having been contributed by such 
member, as would equal or exceed the amount of one payroll deduction, such 
member shall enjoy all the privileges of membership as enjoyed at the time 
of such leaving for a period of five years from the date of such ceasing to 
be a teacher or employee, including his or her claim to prior service credit, 
provided the teacher or emplyee upon re-entry into his former field shall pay 
into the fund an amount not less than the amount withdrawn. 

(7) Optional allowance. — With the provision that no optional selection shall 
be effective in case the beneficiary dies within thirty days after retirement, 
and that such a beneficiary shall be considered as an active member at the 
time of death until the first payment on account of any benefit becomes 
normall}' due, any member may elect to receive his benefit in a retirement 
allowance payable throughout life, or he may elect to receive the actuarial 
equivalent, at that time, of his retirement allowance in a reduced retirement 
alloAvance payable throughout life with the provisions that : 

Option 1. If he dies before he received in annuity payments the present 
value of his emploj-ee annuity as it was at the time of his retirement, the 
balance shall be paid to his legal representatives or to such person as he 
shall nominate by written designation duly acknowledged and filed with 
tlie retirement board. 

Option 2. Upon his death his reduced retirement allowance shall be con- 
tinued throughout the life of and paid to such person as he shall nominate 
by written designation duly acknowledged and filed with the retirement 
board at the time of his retirement ; or 

Option 3. Upon his death, one-half of his reduced retirement allowance 
shall be continued throughout the life of, and paid to such person as he shall 
nominate by written designation duly acknowledged and filed with the re- 
tirement board at the time of his retirement. 

1945 (44) 212; 1946 (44) 1503, 2580. 

§ 3810-6. Administration. 

(1) Retirement board. — The general administration and responsibility for 
the proper operation of the retirement system and for making effective the 
provisions of the article are hereby vested in a retirement board. 

The retirement board shall be a body politic and corporate under the name 
"South Carolina Retirement System"; and as a body politic and corporate 
shall have the right to sue and be sued, shall have perpetual succession and 
a common seal, and in said corporate name shall be able in law to take, 
demand, receive and possess all kinds of real and personal property necessary 
and proper for its corporate purposes, and to bargain, sell, grant, alien, or 
dispose of all such real and personal property as it may lawfully acquire. All 
such property owned or acquired by said body politic and corporate shall 
be exempt from all taxes imposed by the State or any political subdivision 
thereof, and shall not be subject to income taxes. 

I 



§ 3810-6 1946 Supplement 142 

(2) Board— personnel. — The board shall consist of seven members, as 

follows : 

(a) The Governor 

(b) The state treasurer 

(e) The superintendent of education 

(d) The comptroller general 

(e) The attorney general 

(f ) The chairman of the Senate finance committee, and 

(g) The chairman of the House ways and means committee and 
their successors in office, all of whom shall serve ex officio. 

(3) Board — voting. — Each member shall be entitled to one vote in the 
board. Four affirmative votes shall be necessary for a decision by the board. 

(4) Board — rules and regnlations. — Subject to the limitations of this article, 
the retirement board shall, from time to time, establish rules and regulations 
for the administration of the funds created by this article and for the transac- 
tion of its business. The retirement board shall also, from time to time, 
in its discretion, adopt rules and regulations to prevent injustices and inequal- 
ities which might otherwise arise in the administration of this article. 

(5) Board — secretary — employees. — The Governor shall be ex-officio chair- 
man of the retirement board. The board shall, by a majority vote of all 
the members, appoint a secretary, who may be, but need not be, one of its 
members. The board shall engage such actuarial and other service as shall 
be required to transact the business of the retirement system. 

(6) Board — records. — The board shall keep in convenient form such data 
as shall be necessary for actuarial valuation of the various funds of the 
retirement system, and for checking the experience of the system. 

(7) Board — records — reports — payment of expenses. — The board shall keep 
a record of all its proceedings which shall be open to public inspection. It 
shall publish annually a report showing the fiscal transactions of the retire- I 
ment system for the preceding year, the amount of the accumulated cash ' 
and securities of the system, and the last balance sheet showing the financial 
condition of the system by means of an actuarial valuation of the assets and I 
liabilities of the retirement system. ' 

All persons employed by the board and the expenses of the board shall be 
paid from the annual general appropriations of the State. 

(8) Legal adiviser. — The attorney general shall be the legal adviser of the j 
retirement board. 

(9) Medical board. — The retirement board shall designate a medical board i 
to be composed of three physicians not eligible to participate in the retire- ' 
ment system. If required, other physicians may be employed to report on 
special cases. The medical board shall arrange for and pass upon all medical 
examinations required under the provisions of this article, and shall investi- 
gate all essential statements and certificates by or on behalf of a member 



143 Code of Laws of South Carolina § 3810-7 

in connection with an application for disability retirement, and shall report 
in writing to the retirement board its conclusions and recommendations upon 
all the matters referred to it. 

(10) Duties of actuary. — The retirement board shall designate an actuary 
who shall be the technical adviser of the board on matters regarding the 
operation of the funds created by the provisions of this article and shall 
perform such other duties as are required in connection therewith. 

(11) Actuary — investigations — tables — rates.^Immediately after the estab- 
lishment of the retirement system the actuary shall make such investigation 
of the mortality, service and compensation experience of the members of the 
system as he shall recommend and the retirement board shall authorize, and 
on the basis of such investigation he shall recommend for adoption by the 
retirement board such tables and such rates as are required in subsection 
12, paragraphs (a) and (b) of this section. The retirement board shall adopt 
tables and certify rates, and as soon as practicable thereafter the actuary 
shall make a valuation based on such tables and rates of the assets and lia- 
bilities of the funds created by this article. 

(12) Actuarial investigations — valuations — duties of board. — In the year 
one thousand nine hundred and forty-seven and at least once in each 
five-year period thereafter, the actuary shall make an actuarial investi- 
gation into the mortality, service and compensation experience of the mem- 
bers and beneficiaries of the retirement system and shall make a valuation 
of the assets and liabilities of the funds of the system and taking into account 
the result of such investigation and valuation, the retirement board shall: 

(a) Adopted for the retirement system such mortality, service and other 
tables as shall be deemed necessary ; and 

(b) Certify the rates of contributions payable by the employers on ac- 
count of new entrants at various ages. 

(13) Actuary make annual valuations. — On the basis of such tables as the 
retirement board shall adopt, the actuary shall make an annual valuation of 
the assets and liabilities of the funds of the system created by this article. 

(14) Actuary report annually. — The actuary annually shall report to the 
retirement board for transmission to the General Assembly any necessary 
and useful changes in the article which may be needed for the proper conduct 
of the retirement sj^stem. 

1945 (44) 212. 

§ 3810-7. Management of funds. 

(1) Investment. — The retirement board shall be the trustee of the several 
funds created by this article as provided in section 3810-8, and shall have 
full power to invest and reinvest such funds, subject to all the terms, con- 
ditions, limitations and restrictions imposed by the laws of South Carolina 
upon the investment of state sinking funds, and subject to like terms, 
conditions, limitations and restrictions, said board shall have full power to 



§ 3810-7 1946 Supplement 144 

hold, purchase, sell, assign, transfer and dispose of any of the securities and 
investments in which any of the funds created herein shall have been invested, 
as well as the proceeds of said investments and any moneys belonging to 
said funds. 

(2) Interest. — The board of trustees annually shall allow regular interest 
on the mean amount for the preceding year in each of the funds. The 
amounts so allowed shall be due and payable to said funds, and shall be 
annually credited thereto by the board of trustees from interest and other 
earnings on the moneys of the retirement system. Any additional amount 
required to meet the interest on the funds of the retirement system shall be 
paid from the employer annuity accumulation fund, and any excess of earn- 
ings over such amount required shall be paid to the employer annuity accu- 
mulation fund. Regular interest shall mean such per centum rate to be com- 
pounded annually as shall be determined by the board of trustees on the 
basis of the interest earnings of the system for the preceding year and of 
the probable earnings to be made, in the judgment of the board, during the 
immediate future, such rate to be limited to a minimum of two per centum 
and a maximum of four per centum, with the latter rate applicable during 
the first year of operation of the retirement system : provided, that no interest 
shall be alloAved on contributions withdrawn by a member who has ceased 
to be a teacher or employee except by death or retirement. 

(3) Custodian — disbursement — secretary's bond. — The state treasurer shall 
be the custodian of the several funds. All payments from said funds shall be 
made by him only upon vouchers signed by two persons designated by the 
retirement board, one of which shall be the secretary of the board. The 
secretary of the retirement board shall furnish said board a surety bond in 
a company authorized to do business in South Carolina in such an amount 
as shall be required by the board. 

(4) Cash. — For the purpose of meeting disbursements for annuities and 
other payments there may be kept available cash, not exceeding ten per 
centum of the total amount in the several funds of the retirement system, on 
deposit with the state treasurer of South Carolina. 

(5) Interest of board member or employee. — Except as otherwise herein 
provided, no board member and no employee of the retirement board shall 
have any direct interest in the gains or profits of any investment made by 
the board. No board member or employee of the board shall, directly or 
indirectly, for himself or as an agent in any manner use the same, except to 
make such current and necessary payments as are authorized by the retire- 
ment board; nor shall any member or employee of the board become an 
endorser or surety or in any manner an obligor for moneys loaned or bor- 
rowed from the retirement board. 

1945 (44) 212. 

§ 3810-8. Method of financing — funds — credit assets — collection of contribu- 
tions. — All of the assets of the retirement system shall be credited according 



145 Code of Laws of South Carolina § 3810-8 

to the purpose for which they are held to one of four funds, namely; the 
employee annuity saving's fund, the employee annuity reserve fund, the em- 
ployer annuity accumulation fund and the employer annuity reserve fund. 

(1) Employee annuity savings fund. 

The employee annuity savings fund shall be a fund in which shall be ac- 
cumulated contributions from the compensation of members to provide for 
their annuities. Contributions to and payments from the employee annuity 
savings fund shall be made as follows : 

(a) Each employer shall cause to be deducted from the salary of each 
member on each and every payroll of such employer for each and every 
payroll period four per centum of his earnable compensation. In determining 
the amount earnable by a member in a payroll period, the retirement board 
may consider the rate of annual compensation payable to such member on 
the first day of the payroll period as continuing throughout such payroll 
period, and it may omit deduction from compensation for any period less 
than a full payroll period if a teacher or employee was not a member on the 
first day of the payroll period. 

(b) The deductions provided for herein shall be made notwithstanding 
that the minimum compensation provided for by law for any member shall 
be reduced thereby. Every member shall be deemed to consent and agree 
to the deduction made and provided for herein and shall receive for his full 
salary or compensation, and payment of salary or compensation less said 
deduction shall be a full and complete discharge and acquittance of all claims 
and demands whatsoever for the services rendered by such person during the 
period covered by such payment, except as to the benefits provided under 
this article. The employer shall certify to the retirement board on each and 
every payroll or in such other manner as the board may prescribe, the amounts 
to be deducted, and each of said amounts shall be deducted, and when de- 
ducted shall be paid into said employee annuity savings fund, and shall be 
credited to the individual accounts of the member from whose compensation 
said deduction was made. 

(c) In addition to the contributions deducted from the compensation as 
hereinbefore provided, subject to the approval of the retirement board, any 
member may redeposit in the employee annuity savings fund by a single pay- 
ment an amount equal to the total amount which he previously withdrew 
therefrom as provided in this article. Such amounts so deposited shall be- 
come a part of his accumulated contributions in the same manner as if said 
contributions had not been withdrawn. 

(2) Employee annuity reserve fund. 

The employee annuity reserve fund shall be the fund in which shall be 
held the reserves on all employee annuities in force and from which shall 
be paid all employee annuities and all benefits in lieu of employee annuities, 
payable as provided in this article. Should a beneficiary retired on account of 
disability be restored to active service with a compensation not less than his 
average final compensation at the time of his last retirement his emploj^ee 
annuity reserve shall be transferred from the employee annuity reserve fund 



§ 3810-8 1946 Supplement 146 

to the employee annuity savings fund and credited to his individual account 
therein. 

(3) Employer annuity accumulation fund. 

The employer annuity accumulation fund shall be the fund in which shall 
be accumulated all reserve for the payment of all employer annuities and 
other benefits payable from contribution made by employers and from which 
shall be paid all employer annuities and other benefits on account of members 
with prior service credit. Contributions to and payments from the employer 
annuity accumulation fund shall be made as follows : 

(a) On account of each member there shall be paid annually in the em- 
ployer annuity accumulation fund by employers for the preceding fiscal year 
an amount equal to a certain percentage of the earnable compensation of 
each member to be known as the "normal contribution", and an additional 
amount equal to a percentage of his earnable compensation to be known as 
the "accrued liability contribution". The rate per centum of such contribu- 
tions shall be fixed on the basis of the liabilities of the retirement system 
as shown by actuarial valuation. Until the first valuation the normal contri- 
bution shall be two and sixty one-hundredths per centum (2.60%) for teach- 
ers, and two per centum (2.00%) for employees, and the accrued liability 
contribution shall be four per centum (4.00%) for teachers and two per 
centum (2.00%) of the salary of other employees. 

(b) On the basis of regular interest and of such mortality and other tables 
as shall be adopted by the retirement board, the actuary engaged by the 
board to make each valuation required by this article during the period 
over which the accrued liability contribution is payable, immediately after 
making such valuation, shall determine the uniform and constant percentage 
of the earnable compensation of the average new entrant throughout his 
entire period of active service which would be sufficient to provide for the 
payment of any employer annuity payable on his account. The rate per 
centum so determined shall be known as "the normal contribution" rate. 
After the accrued liability contribution has ceased to be payable, the normal 
contribution rate shall be the rate per centum of the earnable salary of all 
members obtained by deducting from the total liabilities of the employer 
annuity accumulation fund the amount of the funds in hand to the credit 
of that fund and dividing the remainder by one per centum of the present 
value of the prospective future salaries of all members as computed on the 
basis of the mortality and service tables adopted by the retirement board 
and regular interest. The normal rate of contribution shall be determined 
by the actuary after each valuation. 

(e) Immediately succeeding the first valuation the actuary engaged by the 
retirement board shall compute the rate per centum of the total annual com- 
pensation of all members which is equivalent to four per centum of the 
amount of the total employer annuity liability on account of all members 
and beneficiaries which is not dischargeable by the aforesaid normal contri- 
bution made on account of such members during the remainder of their active 



147 Code of Laws of South Carolina § 3810-8 

service. The rate per centum originally so determined shall be known as 
the "accrued liability contribution" rate. 

(d) The total amount payable in each year to the employer annuity ac- 
cumulation fund shall be not less than the sum of the rate per centum known 
as the normal contribution rate and the accrued liability contribution rate 
of the total compensation earnable by all members during the preceding year : 
provided, however, that the amount of each annual accrued liability contribu- 
tion shall be at least three per centum greater than the preceding annual 
accrued liability payment, and that the aggregate payment by employers 
shall be sufficient, when combined with the amount in the fund to provide the 
employer annuities and other benefits payable out of the fund during the year 
then current. 

(e) The accrued liability contribution shall be discontinued as soon as the 
accumulated reserve in the employers annuity accumulation fund shall equal 
the present value, as actuarially computed and approved by the retirement 
board, of the total liability of such fund less the present value, computed on 
the basis of the normal contribution rate then in force, of the prospective 
normal contributions to be received on account of all persons who are at 
the time members. 

(f) All annuities, and benefits in lieu thereof, with the exception of those 
payable on account of members who received no prior service allowance, 
payable from contributions of employer shall be paid, from the employers 
annuity accumulation fund. 

is) Upon the retirement of a member not entitled to credit for prior ser- 
vice, an amount equal to his employer annuity reserve fund shall be trans- 
ferred from the employer annuity accumulation fund to the employer annuity 
reserve fund. 

(h) Subject to the approval of the retirement board, any member, who 
is on leave of absence on account of military service or for any other purpose 
which might tend to increase the efficiency of the services of the member 
to his employer, may make monthly contributions to the South Carolina 
retirement system on the basis of the salary or wage such member was re- 
ceiving at the time such leave of absence was granted. Any person on leave 
of absence in the armed forces of the United States who would otherwise 
have qualified for prior service credit under this subsection shall be entitled 
to prior service credit if he returns to the service of teaching or any other 
employment covered by or coming within the meaning of this article, Avithin 
a period of two years after he has been honorably discharged. 

(4) Employer annuity reserve fund. 

The employer annuity reserve fund shall be the fund in which shall be held 
the reserves on all employer annuities granted to members not entitled to 
credit for prior service and from which such employer annuities and benefits 
in lieu thereof shall be paid. Should such beneficiary retired on account of 
disability be restored to active service with a compensation not less than his 
average final compensation at the time of his last retirement, the employer 



§ 3810-8 1946 Supplement 148 

annuity thereon shall be transferred from the annuity reserve fund to the 
annuity accumulation fund. Should the annuity of such disability beneficiary 
be reduced as a result of an increase in his earning capacity, the amount of 
the annual reduction in his annuity shall be paid annually into the employer 
annuity accumulation fund during the period of such reduction. 

(5) Collection of contributions. 

(1) The collection of members' contributions shall be as follows: 
(a) Each employer shall cause to be deducted on each and every payroll of 
a member for each and every payroll subsequent to the date of establishment 
of the retirement system the contributions payable by such member as pro- 
vided in this article and the employer shall draw his warrant for the amount 
so deducted, payable to the South Carolina retirement system, and shall 
transmit the same, together with schedule of the contributions, on such forms 
as prescribed. 

(2) The collections of employers' contributions shall be made as follows: 

(a) Upon the basis of each actuarial valuation provided herein the retire- 
ment board shall annually prepare and certify to each employer a statement 
of the total amount necessary for the ensuing fiscal year to the employer 
annuity accumulation fund and these funds shall be handled and disbursed 
in accordance with the usual appropriations. A copy of this statement shall 
be filed with the budget commission. 

(b) Until the first valuation has been made and the rates computed, the 
amount payable by employers on account of the normal and accrued liability 
contributions shall be six and sixty one-hundredths per centum (6.60%) 
of the payroll of all teachers and four per centum (4.00%) for other em- 
ployees. 

(c) Each employer shall transmit monthly to the South Carolina retire- 
ment system on account of each employee, who is a member of this system, 
an amount sufficient to cover the normal contribution and the accrued liability 
contribution of each member employed by such employer for the preceding 
month. 

1945 (44) 212. 

§ 3810-9. Salary schedule — teacher deductions, benefits and! contributions. — 

The deductions authorized in this article from the salaries of teacliers and the 
payment by employers of teachers of similar percentages of compensation, 
and all retirements, allowances or other benefits herein provided, shall be 
calculated upon the full compensation paid to teachers from public funds 
derived from any source and all employer's contributions for teachers on and 
after July 1, 1946, shall be paid by the State. 
1945 (44) 212; 1946 (44) 1503. 

§ 3810-10. Federal social security. — The State of South Carolina hereby 
reserves the right that, should the Federal Social Security Act be so amended 
that the beneficiaries of this retirement system can be included in the old 
age and survivors insurance plan, provided for in the said federal act, then, 
and in that event, this state retirement plan may be revised upon a fair and 



149 Code of Laws of South Carolina § 3810-15 

equitable basis so that the beneficiaries of this article be included in the said 
federal system, 
1945 (44) 212. 

§ 3810-11. Obligations. — All agreements, or contracts, with members of the 
South Carolina retirement system pursuant to any of the provisions of this 
article shall be deemed solely obligations of the South Carolina retirement 
system, a body corporate, and the full faith and credit of this State and of its 
departments, institutions and political subdivisions and of any other "em- 
ployer" as defined in this article, is not, and shall not be, pledged or obligated 
beyond the amounts which may be hereafter annually appropriated by such 
employers in the annual appropriations act, county supply acts, and other 
periodic appropriations for the purposes of this article. 
1945 (44) 212. 

§ 3810-12. Appropriations. — Continuing appropriations from year to year in 
such sums as may be necessary under the terms of this article for the payment 
of employer's contributions to the retirement funds for teachers and state 
employees, as required by the provisions of this article, are hereby made. 
1945 (44) 212. 

§ 3810-13. Exemptions from executions. — The right of a person to an an- 
nuity, or a retirement allowance, to the return of contributions, annuity or 
retirement allowance itself, any optional benefit or any other right accrued 
or accruing to any person under the provisions of this article, and the moneys 
in the various funds created by this article, are hereby exempt from any 
state or municipal tax, and exempt from levy and sale, garnishment, attach- 
ment, or any other process whatsoever, and shall be unassignable except as 
in this article specifically otherwise provided. 
1945 (44) 212. 

§ 3810-14. Protection against fraud — penalties — errors. — Any person who 
shall knowingly make any false statement or shall falsify or permit to be 
falsified any record or records of this retirement system in any attempt to 
defraud such system as a result of such act shall be guilty of a misdemeanor, 
and on conviction thereof by any court of competent jurisdiction shall be 
punished by a fine not exceeding five hundred dollars ($500.00), or imprison- 
ment in the county jail not exceeding twelve months, or both such fine and 
imprisonment at the discretion of the court. Should any change or error 
in the records result in any member or beneficiary receiving from the retire- 
ment system more or less than he would have been entitled to receive had 
the records been correct, the retirement board shall correct such error, and 
as far as practicable, shall adjust the payment in such a manner that the 
actuarial equivalent of the benefit to which such member or beneficiary was 
correctly entitled shall be paid. 
1945 (44) 212. 

§ 3810-15. Limitations on membership. — No other provisions of law in any 
other statute which provides wholly or partly at the expense of the State of 
South Carolina for pensions or retirement benefits for teachers or state em- 



§ 3810-15 1946 Supplement 150 

ployees of the said State, their widows, or other dependents shall apply to 
members or beneficiaries of the retirement system established by this article, 
their widows or other dependents. 
1945 (44) 212. 

§ 3810-16. Guaranty. — The maintenance of employee annuity reserves and 
employer annuity reserves as provided for, and regular interest creditable to 
the various funds as provided in section 3810-8, and the payment of all an- 
nuities, retirement allowances, refunds and other benefits, granted under the 
provisions of this article are hereby made obligations of the employer annuity 
accumulation fund. All income, interest and dividends derived from deposits 
and investments authorized by this article shall be used for the payment of 
the said obligations of the said fund. 
1945 (44) 212. 

§ 3810-17. Separability. — If any section or part of any section of this article 
is declared to be unconstitutional, the remainder of this article shall not 
thereby be invalidated. 
1945 (44) 212. 

ARTICLE 2 
Supreme Court Justices and Circuit Court Judges 

§ 3810-21. Under certain conditions may resign or retire and receive allow- 
ances, for life. — Any justice of the Supreme Court and judge of the circuit 
courts may resign or retire from oifice after having served on the Supreme 
Court or on the circuit courts, or on the Supreme Court and circuit courts 
combined, for a period of twenty-five (25) years, or who has served for a 
period of twenty (20) years and reached the age of sixty-five (65) years, or 
who has served for a period of fifteen (15) years and has reached the age 
of seventy (70) years, or who has reached the age of seventy-two (72) years 
and has served for ten (10) years, or who, without regard to the age of such 
justice or judge, has served for seven (7) years on the Supreme Court or 
circuit courts, or on the Supreme Court and the circuit courts com- 
bined, and while still in service thereon shall become totally and per- 
manently disabled to carry on the duties of his office, may resign or 
retire. Any justice or judge resigning or retiring under the provisions 
of this article shall receive for the balance of his life three thousand ($3,000.00) 
dollars, annually, and the State treasurer is authorized and directed to pay 
out of the funds in the state treasury, on the warrant of the official author- 
ized to approve payments of warrants for the salaries of the justices and 
judges, in monthly or semi-monthly installments, the amount provided herein. 
1945 (44) 185. 

§ 3810-22. Automatically retired w^hen age 72 years. — Any justice of the 
Supreme Court or any judge of the circuit courts shall upon reaching the age 
of seventy-two (72) years be automatically retired. 
1945 (44) 185. 



151 Code of Laws of South Carolina § 3811-9 

§ 3810-23. Service render after retirement — expenses. — Any retired justice 
or judge may be called upon and appointed by the chief justice of the Su- 
preme Court to perform such judicial duties in the circuit courts as such re- 
tired justice or judge may be willing and able to undertake. Any retired 
justice or judge so serving as special circuit judge shall serve without pay 
except his actual expenses while serving. 
1945 (44) 185. 

§ 3810-24. Practice of law — total and permanent disability. — No justice or 
judge while drawing compensation, shall engage in the practice of law. 

No justice or judge shall be permitted to retire and resign on account of 
being totally and permanently disabled and to receive the retirement benefit 
herein provided for until it is proven to the satisfaction of the Supreme 
Court, or a majority of the justices thereof, that such justice or judge is 
totally and permanently disabled, physically or mentally, or both, from fur- 
ther rendering useful and efficient service as such justice or judge. Upon 
the finding of the Supreme Court that any justice or judge is totally and 
permanently disabled the Supreme Court shall notify the Governor of its 
findings, and upon receipt of such notice and the resignation of the justice 
or judge, the Governor shall notify the state treasurer and the comptroller 
general of such retirement and the effective date of the same. 

1945 (44) 185. 

§ 3810-25. Accept retirement provisions and authorize salary deductions to be 
eligible for benefits. — In order for any justice or judge now serving to be 
eligible for the benefits of these retirement provisions, he shall, within thirty 
(30) days after April 24, 1945, notify the state treasurer and the comptroller 
general of his election to come under the retirement provisions of this article, 
and instructing the state treasurer and the comptroller general to deduct four 
(4 % ) per cent from each installment of his salary so long as such justice 
or judge shall hold office. Any person who may hereafter qualify as a justice 
of the Supreme Court or circuit judge shall be entitled to the benefits of these 
retirement provisions upon giving the state treasurer and comptroller general, 
within thirty (30) days after taking office, notice of his election to come 
under the provisions of this article and authorizing the state treasurer and 
comptroller general to deduct four (4%) per cent from each installment of 
his salary as long as such justice or judge shall hold office. 
1945 (44) 185. 

§ 3810-26. Failure accept and authorize deductions bar to benefits. — Any\ 
justice or judge now serving, or hereafter to serve, who does not elect to 
come under the provisions of this article and does not authorize and in- 
struct the state treasurer and comptroller general, within the time specified 
herein, to make the deduction from his salary as provided herein shall for- 
ever be barred from enjoying and receiving the benefits of the retirement 
provided for in this article. 
1945 (44) 185. 

§ 3811-9. Peace officers apply for membership in South Carolina peace of- 
ficers association — dues— use of proceeds — reinstatement of membership. — 



§ 3811-9 1946 Supplement 152 

Peace officers who may be entitled to membership and who might become 
eligible to receive benefits under this article shall make application for mem- 
bership in the South Carolina peace officers' association on blanks to be fur- 
nished for that purpose, giving such information as may be required by said 
association, and shall pay annual dues to be fixed by the goA^erning authorities 
of said association, provided, however, that such dues shall not exceed the 
sum of twenty-four ($24.00) dollars per annum. No officer or employee 
of the said association shall be paid any salary from the proceeds of these 
annual dues, all of which shall be paid over to the treasurer of the board of 
commissioners of the police insurance and annuity fund of the State of South 
Carolina, and be used entirely for payment of benefits and insurance as pro- 
vided in sections 3812-1, 3812-2, and 3812-3 and for no other purposes. 

(a) Provided, that any peace officer who served in the military service of 
the United States of America during World War II and who at the time he 
or she entered such service was a member of said association and was entitled 
to benefits under the provisions of this article, shall be entitled to be rein- 
stated as a member of said association and as recipient of such benefits by 
payment of all dues for the period between the date such person entered such 
service and the date of his or her reinstatement. Provided, that application 
for such reinstatement shall be made to said association in writing within six 
(6) months after the date such person received his or her discharge from such 
service; provided, further, that any such person who received his or her 
discharge prior to April 1, 1946, shall have six (6) months from April 1, 1946, 
within which to make such application. Any person reinstated under the 
provisions of this subdivision (a) shall not be required to undergo medical 
examination, and such person shall be entitled to have the period of time 
between the date he or she entered such service and the date of his or her 
reinstatement credited to his or her term of years as a peace officer to the 
end that he or she shall not have lost any time of service as a peace oft'icer 
by reason of such military service up to the time of his or her reinstatement ; 
provided, further, that any such peace officer who has a service connected 
disability, as defined by the statutes of the United States or the regulations 
of the United States veterans administration and is being paid compensation 
on account thereof, shall be entitled to and shall be paid by the South Caro- 
lina peace officers association only such amounts as shall be necessary when 
added to such compensation to make total payments equal to those to which 
he would otherwise be entitled from the said association. The period of 
World War II as herein used shall be construed to be the time between the 
date that the present war was declared to exist until the time when it by 
proper authority shall be declared to have ended. Military .service as herein 
used shall be construed to mean service in the army, the navy, the marine 
corps and the coast guards of the United States of America. 

1946 (44) 1460. 

Paragraph (a) added by 1946 p 1460. 

Above section replaces §3811-9, 1942 Code. 

§ 3812-1. Use funds provide benefits for certain peace officers. — The money 
so paid into the hands of the treasurer of the board of commissioners of the 



153 Code of Laws of South Carolina § 3812-2 

peace officers' insurance and annuity fund of the State of South Carolina, 
shall be used for purposes as follows : upon a proper application being pre- 
sented upon a form to be prescribed by the said board for annuity benefits, 
and upon the same having been properly passed on, and faA^orably granted, 
then the said treasurer shall pay monthly the sum of sixty (60) per cent of 
the average monthly salary received by said applicant over a six (6) months 
period immediately prior to making application therefor ; provided, however, 
that the said applicant has had twenty (20) years service as a peace officer in 
South Carolina; the sum of seventy (70) per cent of the average monthly salary 
received by the applicant over a six (6) months period immediately prior to 
making such application shall be paid, provided, he has served twenty-five 
(25) years in South Carolina as a peace officer; and the sum of eighty (80) 
per cent of the average monthly salary received by the applicant over a six 
(6) months period immediately prior to making application therefor, provided, 
he has had thirty (30) years service as a peace officer in South Carolina. No 
person shall receive benefits hereunder unless he files his application within 
one year from the time of termination of his official duties as such officer, 
in the State of South Carolina, and is fifty-five (55) years of age at the time 
said annuity is granted, provided, further, that in no case shall the annuity 
payable under this section exceed the sum of one hundred and no/100 
($100.00) dollars per month, and no person shall_ receive henefits under this 
section until he or she has terminated his or her service permanently as a peace 
officer in the State of South Carolina. 

1945 (44) 170. 

1945 p 170 amended this section by changing the punctuation, providing for receiv- 
ing of benefits in lieu of being eligible, increasing time file application for benefits, 
and adding last part of last proviso above in italics. 

Above section replaces § 3812-1, 1942 Code. 

§ 3812-2. Benefits pay peace officers totally and permanently disabled. — Any 

peace officer becoming totally and permanently disabled after having served 
continuously for a period of one (1) year or more as a peace officer in South 
Carolina shall be entitled to be paid monthly as such disability continues by 
the treasurer of the board upon proper application being made therefor, a 
percentage of the average monthly salary received by such officer over a 
period of six (6) months immediately preceding the date of making such 
application, such percentage shall be based upon the number of years of 
continuous service rendered by the applicant as a peace officer in the State 
of South Carolina ; as follows : 

For continuous service of one (1) year and less than two (2) years, twelve 
(12%) per cent of such average monthly salary. 

For continuous service of two years and less than three (3) years, twenty-four 
(24%) per cent of such average monthly salary. 

For continuous service of three (3) years and less than four (4) years, thirty- 
six (36%) per cent of such average monthly salary. 

For continuous service of four (4) years and less than five (5) years, forty- 
eight (48%) per cent of such average monthly salary. 



§ 3812-2 1946 Supplement 154 

For continuous service of at least five (5) years, sixty (60%) per cent of such 
average monthly salary. 

Provided, however, that in no case shall the disability benefits under this 
section exceed the sum of one hundred ($100.00) dollars per month. 

No person shall receive benefits under this section unless he or she files his 
or her application therefor within sixty (60) days from the time of the ter- 
mination of his or her official duties as a peace officer, and no person shall be 
eligible for or receive benefits under this section until he or she has terminated 
his or her service permanently as a peace officer in the State of South 
Carolina. 

1945 (44) 170. 

1945 p 170 added last paragraph above and slightly changed punctuation. 
Above section replaces § 3812-2, 1942 Code. 

§ 3869. Fiscal year — ^time and notice of annual meeting. 

Fiscal year; Allendale County, 1944 (44 Statutes at Large) page 35; Jasper 

Acts and Joint Resolutions (43 Statutes at County, 1946 Acts and Joint Resolutions 

Large) pages 1181-1182; Chester County (44 Statutes at Large) page 1313; Ma- 

1943 Acts and Joint Resolutions (43 Stat- rion County, 1942 Acts and Joint Resolu- 
utes at Large) page 69; Colleton County, tions (42 Statutes at Large) page 1475; 

1944 Acts and Joint Resolutions (43 Stat- and Oconee County, 1944 Acts and Joint 
utes at Large) pages 1167-1168; Edgefield Resolutions (43 Statutes at Large) page 
County, 1945 Acts and Joint Resolutions 1201. 

§ 3884. Protection of sinking funds of bonds issued by political subdivisions. 

See this section in 1944 Supplement. 

Aiken Comity 

§ 3927. Hours work clerk or clerk aid. — No officer of Aiken County shall 
require any clerk or clerk aid whose salary is paid or partially paid from 
funds of Aiken County to work any longer than eight (8) hours in any one 
(1) day. 

1946 (44) 1434. 

§ 3928. Pay each Confederate veteran's widow $25.00 monthly. — Each and 
every widow of Confederate veterans residing in Aiken County shall be paid 
by the county the sum of twenty-five ($25.00) dollars per month, the same 
to be paid out of ordinary county funds, through the county commissioner's 
office. The funds herein provided for shall be in addition to any other funds 
provided by law to be paid to Confederate veterans. These funds to be paid 
only during the widow's lifetime. 
1946 (44) 1322. 

§ 3929. Participate in state retirement system. 

Provisions of 1946 Acts and Joint Reso- and 1547 make up this section. See same 
lutions (44 Statutes at Large) pages 1546 for contents. 

§ 3931. Aiken Comity forest. 

(3) Forfeited land commission transfer lands to Aiken County Forest pro- 
tective association for 25 years — parties redeem — use of same by association — 



155 Code of Laws of South Carolina § 4075-1 

redemption of lands forfeited for taxes — attorney — possession of lands re- 
deemed. 

Subsection 3 amended by 1945 Acts and Joint Resolutions (44 Statutes at Large) 
pages 155 and 156 and 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 
1483 thru 1486. See same for changes made. 

Allendale County 
§ 3939. Board of directors. 

See this section in 1944 Supplement. 

§ 3954-1. Fees accruing to treasurer's office go to general fund. 

See this section in 1944 Supplement. 

Anderson County 

§ 3962-1. Political parties nominate or select nominees for commissioners. — 
Repealed hy 1944- ^cts and Joint Resolutions (43 Statutes at Large) page 2328, 

Beaufort County 
§ 4022. Appointment — vacancy. 

See this section in 1944 Supplement. 

§ 4023. Supervisor of roads — appointment — term — salary — etc. 

See this section in 1944 Supplement. 

§ 4035-2. Close public offices certain hours, Beaufort, Georgetown, Marlboro 
and Sumter Counties. 

See this section in 1944 Supplement. 

Berkeley County 

§ 4042-1. Supervisor publish monthly statements showing certain disburse- 
ments. — The county supervisor of Berkeley County, shall on or before the 
15th day of each calendar month, publish in a newspaper published in said 
county, or if such publication cannot be procured in such paper, then and in 
that event in a newspaper having general circulation in said county, a full 
itemized statement of all disbursements of public funds of said county made 
by such officer in the preceding calendar month, except salaries fixed and 
itemized in the annual county supply act, which statements shall show the 
amount paid, the nature of the claim or service rendered, and the name of the 
payee. 

1945 (44) 46. 

Above provisions replaces paragraph 1 of this section in 1944 Supplement. 

See also this section in 1944 Supplement. 

Calhoun County 

§ 4069-1. Roads and bridges in road system. 
See this section in 1944 Supplement. 

Charleston County 

§ 4075-1. Chaingang — sanitary and drainage commission establish. 

See this section in 1944 Supplement. 



§ 4076-2 1946 Supplement 156 

§ 4076-2. Sanitary and drainage commission sponsor certain paving, drain- 
age and sewer projects. 

See this section in 1944 Supplement. 
§ 4076-5. Pilling of certain vacancies — pay of appointees. 

See this section in 1944 Supplement. 

§ 4076-8A. Commissioners convey certain rights-of-way, roads or bridges. 

See this section in 1944 Supplement. 

§ 4076-11. Officials receiving fees pay portion to treasurer — ^keep and file 
records of same. 

See this section in 1944 Supplement. 
§ 4077-5. Sewer districts — connection charges — borrow. 
See this section in 1944 Supplement. 

§ 4077-6. James Island park commission. — Repealed hy 1943 Acts and Joint 

Besolutions (^3 Statutes at Large) page 24. 

§ 4077-7. Township of Folly Island. 

See this section in 1944 Supplement. 
§ 4077-9. Levy taxes for fire protection, township of Sullivan's Island. 

See this section in 1944 Supplement. 

§ 4077-10. St. Andrews parish playground commission. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 360 thru 362 make 
up provisions of present § 4077-10. § 4077-10, 1942 Code, repealed by 1943 Acts and 
Joint Resolutions (43 Statutes at Large) page 7. 

§ 4077-12. Prison farm — maintenance — operation. 

See this section in 1944 Supplement. 

§ 4077-13. Promulgate traffic regulations as to traffic in parking area and 
thoroughfare in front of County Center. 
See this section in 1944 Supplement. 

Cherokee County 

§ 4120. Sinking fund commission. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 135 thru 137 amended 
subsections 6 and 10 by decreasing the amount of bond of each commissioner from 
$10,000.00 to $1,000.00, reducing compensation from $100.00 per annum to $10.00 per 
annum, and slightly changing punctuation. 

See also this section in 1944 Supplement. 

§ 4121. Bonds of officials. 

(1) Amount. — The amounts of bonds of various county officers in this State 
shall be as now provided by law, except in Cherokee County, the county 
officers of said county shall furnish surety bonds conditioned upon the faith- 
ful performance of their respective duties in the following respective amounts : 
supervisor, $10,000.00; sheriff, $5,000.00; probate judge, $10,000.00; auditor, 
$4,500.00; tax collector, $5,000.00; assistant tax collector, $5,000.00; superin- 
tendent of education, $1,000.00; county treasurer, $30,000.00; clerk of court, 
$10,000.00; magistrates, each, $2,000.00; county commissioners, each, $1,000.00; 



157 Code of Laws op South Carolina § 4145 

sinking fund commissioners, each, $1,000.00 ; assistant to county treasurer, 
$10,000.00; assistant to clerk of court, $5,000.00; clerk to board of county 
commissioners, $10,000.00, 

1945 (44) 135. 

1945 p 135 decreased bond of each sinking fund commissioner from §10,000.00 to 
$1,000.00 and slightly changed punctuation. 

Above subsection replaces said subsection in 1942 Code. 

§ 4121-6. Gaff ney- Cherokee County airport commission. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1573 
thru 1575 make up this section. See same for contents. 

Chester County 

§ 4123. Board of county directors — districts — appointment — term — vacancy. 

See this section in 1944 Supplement. 
§ 4124. Board — chairman — meetings — pay — bond. 

See this section in 1944 Supplement. 

§ 4126. Organize and conduct county affairs — office — ^finances — property — 
roads and bridges. 

See this section in 1944 Supplement. 
§ 4127. Clerk — supervisor of roads and other employees. 

See this section in 1944 Supplement. 
§ 4128. Employees — pay — bonds. 

See this section in 1944 Supplement. 

§ 4129. Surplus funds and receipts — disbursement of contingent fund. 

See this section in 1944 Supplement. 
§ 4130. Chaingang — labor for roads and bridges. 

See this section in 1944 Supplement. 

§ 4134. Special highway tax. — Repealed hy J944 Acts and Joint Resolutions 
(IfS Statutes at Large) pages IJilS thru 11^23. 

§ 4135. Attorney. 

See this section in 1944 Supplement. 

§ 4136. Special highway tax, Chester County. — Repealed hy lO^ Acts and 
Joint Resolutions (43 Statutes at Large) pages I4I8 thru 14^3. 

§ 4138-6. Chester County Forest Fire Control Organization Act. — Repealed hy 
1945 Acts and Joint Resolutions (44 Statutes at Large) pages 336 and 337. 

Chesterfield County. 

§ 4142. Powers and duties. 

See this section in 1944 Supplement. 

§ 4144-1. Budgets — expenditures. 
See this section in 1944 Supplement. 

§ 4145. Annual audit. 

See this section in 1944 Supplement. 



§ 4148 1946 Supplement 158 

§ 4148. Sinking' fund commission — school and township finances — bonds — 
deposits. 

§ 4148, 1942 Code, repealed by 1944 Acts and Joints Resolutions (43 Statutes at 
Large), pages 1377 thru 1380. Present section comes from said repealing provisions 
and 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1378 thru 1382. 
See same for contents hereof. 

§ 4148-2. Use of offices and rooms in court house. 

See this section in 1944 Supplement. 
§ 4148-3. Contingent fund — disbursement. 

See this section in 1944 Supplement. 

§ 4148-4. Sell unneeded real estate. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1480 
and 1481 make up this section. See same for contents. 

Colleton County 
§ 4211. Borrow pay items in supply acts. 

See this section in 1944 Supplement. 
§ 4212. Warrants — contracts not exceed appropriations. 

See this section in 1944 Supplement. 
§ 4213. Purchases. 

See this section in 1944 Supplement. 
§ 4214. Sinking fund surpluses. 

See this section in 1944 Supplement. 
§ 4215. Notify taxpayers taxes due. 

See this section in 1944 Supplement. 

§ 4216. Lunacy proceedings — inquests — pay certain tax sales advertising 
costs. 

See this section in 1944 Supplement. 
§ 4217. Magistrate report and. account for fines to receive salary. 
See this section in 1944 Supplement. 

§ 4218. Disbursement of roads, bridges, convicts, and materials appropria- 
tions. 

See this section in 1944 Supplement. 

§ 4219. Expenditure of appropriations for conveying prisoners — magistrates 
and constables not charge fees in criminal cases. 

See this section in 1944 Supplement. 

§ 4220. Jailer. 

See this section in 1944 Supplement. 

§ 4221. Expenditure of county poor fund appropriations. 

See this section in 1944 Supplement. 

§ 4222. Expenditure of hospitalization of poor appropriations. 

See this section in 1944 Supplement. 



159 Code of Laws of South Carolina § 4351 

§ 4223. Appropriations for Walterboro public library. 

See this section in 1944 Supplement. 
§ 4224. Audit. 

See this section in 1944 Supplement. 
§ 4224-1. County service. 

See this section in 1944 Supplement. 

§ 4224-2. Special reserve fund. 

See this section in 1944 Supplement. 

§ 4224-3. Participate in state retirement system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1448 
and 1449 make up this section. See same for contents. 

§ 4224-4. Walterboro- Colleton airport commission. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1548 
thru 1551 make up this section. See same for contents. 

Darlington County 

§ 4249. Participate in state retirement system. 

§ 4249, 1942 Code repealed by 1942 Acts and Joint Resolutions (42 Statutes at 
Large) page 1714. Provisions of 1946 Acts and Joint Resolutions (44 Statutes at 
Large) pages 1569 and 1570 make up present above section. See same for contents. 

§ 4252. Office hours. 

See this section in 1944 Supplement. 

Dillon County 

§ 4258. Road supervisor — election — term — duties — powers — salary — term. 

See this section in 1944 Supplement. 
§ 4268-4. Bond of supervisor. 

See this section in 1944 Supplement. 

Dorchester County 

§ 4278. Successors to incumbents — how appointed — vacancies. 

See this section in 1944 Supplement. 

Fairfield County 
§ 4350-1. Aeronautics commission. 

Provisions of 1943 Acts and Joint Resolutions (43 Statutes at Large) pages 139 
and 140 and 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1532 and 
1533 make up this section. See same for contents. 

§ 4350-2. Participate in state retirement system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at I^arge) pages 1533 
and 1534 make up this section. See same for contents. 

Florence County 

§ 4351. Governing board — appointment — vacancy. 

See this section in 1944 Supplement. 



§ 4372-1 1946 Supplement 160 

§ 4372-1. Florence County Forest Fire Control Org-anization Act.— Repealed 

by 194-6 Acts and Joint Resolutions (^4 Statutes at Large) page 205. 

Georgetown County 

§ 4400. Forest fire control. 

See this section in 1944 Supplement. 

Greenville County 

§4416. "Bond, Book." 

See this section in 1944 Supplement. 

§ 4426. Supervisor cannot spend funds for purposes other than that for 
which appropriated. — Repealed hy 1044 Acts and Joint Resolutions (43 Statutes 
at Large) page ISO 4. 

§ 4438. Commutation road tax — exemptions — collection. 

See this section in 1944 Supplement. 
§ 4442-1. Tuberculosis hospital — levy taxes for — patients — charges. 

See this section in 1944 Supplement. 

§ 4442-2. Appropriations — disbursement — emergency — reduce. 

See this section in 1944 Supplement. 
§ 4442-3. Unexpended appropriations. 

See this section in 1944 Supplement. 
§ 4442-4. Use of income from indirect sources. 

See this section in 1944 Supplement. 

§ 4442-5. Report on finances to legislative delegation. 

See this section in 1944 Supplement. 
§ 4442-6. Salaries. 

See this section in 1944 Supplement. 

§ 4442-7. Court house building — employees for public buildings. 

See this section in 1944 Supplement. 
§ 4442-8. Bailiff's — court crier — jury child. 

See this section in 1944 Supplement. 

§ 4442-9. Certain peace officers pay over certain federal fees — apprehend 
escaped convicts. 

See this section in 1944 Supplement. 
§ 4442-10. Charity hospitalization appropriations. 

See this section in 1944 Supplement. 

§ 4442-11. Township board of assessors and equalization board — per diem — 
disbursements. 

See this section in 1944 Supplement. 
§ 4442-12. Purchases — expenditures. 

See this section in 1944 Supplement. 



161 Code of Laws of South Carolina § 4457 

§ 4442-13. Supervisor — appropriations — expenditures — make inventory — des- 
ignate property. 

See this section in 1944 Supplement. 
§ 4442-14. Convict clothing. 

See this section in 1944 Supplement. 

§ 4442-15. Post mortem examinations. 

See this section in 1944 Supplement. 

§ 4442-16. Dental clinician. 

See this section in 1944 Supplement. 
§ 4442-17. Dentist. 

See this section in 1944 Supplement. 

§4442-18. Pauper burials. 

See this section in 1944 Supplement. 
§ 4442-19. Levy taxes to take care of loss in direct revenue. 

See this section in 1944 Supplement. 
§ 4442-20. Bookkeeper — officials report on funds. 

See this section in 1944 Supplement. 

§ 4442-21. Tax levies, Taylor school district 9-B. 

See this section in 1944 Supplement. 

§ 4442-22. Sub-districts, Greater Greenville sewer district — ^invest no funds 
— budgets — file records. 

See this section in 1944 Supplement. 

§ 4442-23. Bonds — date record — void unless put on record. 

See this section in 1944 Supplement. 

§ 4442-24. Levy annually 3/4 mill tax for school purposes. 

See this section in 1944 Supplement. 

§ 4448. Annual audit. 

See this section in 1944 Supplement. 

§ 4449-3. Greenville County Forest Fire Control Organization Act. 

See this section in 1944 Supplement. 

Greenwood County 

§ 4457. Contracts — expenditures — employees — claims — road work — exchange 
roads — reimbursement agreements. — The duties of said Greenwood highway 
commissioners shall be to make contracts and expend all funds for the build- 
ing and permanent improvement of the roads and bridges of the said county 
not in the state highway system, appropriated or raised therefor. They shall 
have full power and authority to make such contracts and to purchase mate- 
rail and equipment as in their discretion may be necessary to carry out the 
purpose of sections 4455 through 4460; to employ a competent engineer or 
engineers and such other help as they may deem advisable, and fix their 



§ 4457 1946 Supplement 162 

compensation; to issue authorization to the finance board for the payment of 
claims against the funds appropriated, such authorization to bear the signa- 
tures of at least four members of the said Greenwood highway commission, 
and same shall be paid in the same manner as prescribed for other county 
claims. The said commission shall have full authority and power to postpone 
all road work when, in their judgment, such postponement will be to the 
best interest of the taxpayers in Greenwood County. The said commission 
shall have authority with the consent of a majority of the legislative delega- 
tion from Greenwood County to exchange road mileage with the state high- 
way department, and to enter into reimbursement agreements with the state 
highway department when it is determined that such will make a more com- 
plete highway system for the county and State. All money appropriated 
for the highways covered by sections 4455 through 4460, shall be expended 
solely under the direction of the said highway commission, and shall be kept 
and held by the county treasurer separate from other county funds. 

1946 (44) 1488. 

Above section replaces § 4457 in 1942 Code. 

§ 4458. Locate and relocate highways — condemn property. — The commission 
shall locate or relocate any of tlie highways of the said county in accordance 
with the scheme herein set forth, so far as the same is to be reconstructed 
or surfaced, so as to make a permanent roadway, as far as possible and prac- 
ticable, with due regard to distance and grade, and shall have full power to 
condemn land and acquire rights of way, either for construction or for road 
materials and surfacing, in the same manner as is now authorized by law 
to condemn lands and acquire rights of Avay, and in such condemnation pro- 
ceedings the commission may assess benefits to the land so condemned, as 
well as damages, which damages shall be paid out of the funds in the hands 
of the said commission. 

1946 (44) 1488. 

Above section replaces § 4458 in 1942 Code. 

§ 4459. Improve roads and bridges — pay of commissioners. — It is the pur- 
pose of sections 4455 through 4460 to enable said highway commission to 
permanently improve, so far as the funds will permit, roads of the county 
of Greenwood not in the state highway system and also to build permanent 
bridges throughout said county when and where necessary. The said com- 
mission shall select the roads to be improved to the end that every section 
of the said county may get the benefits of the provisions of sections 4455 
through 4460, in accordance with the purposes of same. The said commis- 
sioners shall be paid as compensation for their services the sum of five ($5.00) 
dollars each per day for each day actually engaged, and in no case shall 
the total amount be paid a commissioner exceed the sum of five hundred 
($500.00) dollars per annum. 

1946 (44) 1488. 

Above section replaces § 4459 in 1942 Code. 

§ 4460, Rules and regulations — reports — audit — duties of grand jury and su- 
pervisor. — Said commission shall have full power and authority to make such 



163 Code of Laays of South Carolina § 4491 

rules and regulations as they may deem necessary for the proper perform- 
ance of their duties. They shall report to the delegation from Greenwood 
County from time to time, as may be necessary, with reference to the prosecu- 
tion of said work and the discharge of their duties, as herein provided, and 
the said commission shall annually, at the close of each year, make a full 
report to the grand jury of Greenwood County of its transactions during 
the year then closed, including an itemized statement of the money received 
and disbursed, and for what purpose. The said report shall be transmitted 
by said grand jury to the circuit judge presiding at the next succeeding 
term of court for said county. It shall be the duty of the grand jury of 
said county to make an annual examination of the books, papers, accounts 
and work of said commission as they are now required by law to make of 
the county officers of said county. The said commissioners' books and accounts 
shall be audited annually in the same manner as prescribed for auditing 
other county books. It shall be the duty of the county supervisor of said 
county to assist and cooperate with said commission in carrying on the work 
herein provided for, and in his discretion furnish for the use of said com- 
mission the chaingang and road machinery of said county whenever requested 
by said commission. Nothing in sections 4455 through 4460 shall be con- 
strued as taking away any of the county supervisor's responsibility of main- 
taining any of the county highways. 

1946 (44) 1488. 

Above section replaces § 4460 in 1942 Code. 

§ 4467. Finance board. 

See this section in 1944 Supplement. 

§ 4467-1. Secretary of finance board and purchasing agent relieved of cer- 
tain duties — pay. 

See this section in 1944 Supplement. 
§ 4467-2. Clerk for supervisor — appointment — duties. 

See this section in 1944 Supplement. 
§ 4467-5. Electric power commission. 

See this section in 1944 Supplement. 
§ 4467-6. Fair ground commission. 

See this section in 1944 Supplement. 

§ 4467-7. Greenwood airport commission. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1554 
and 1555 make up this section. See same for contents. 

Horry County 
§ 4491. Board of county commissioners. 

(1) Appointment — term — zones — removal. — There shall be in and for the 
county of Horry a board of commissioners to be known as the board of county 
commissioners composed of a chairman and six additional members. The 
six additional members of said board shall be appointed by the Governor upon 



§ 4491 1946 Supplement 164 

the recommendation of the legislative delegation of said connty. Their term 
of office shall begin on July 1, 1945, or as soon thereafter as they shall qualify 
and they shall serve for a term of two years, and, until their respective suc- 
cessors are appointed and qualified. The county of Horrj- shall be divided 
into six (6) zones, one commissioner of which shall reside in, and represent 
each zone, to wit: zone one (1), composed of Conway township, zone two (2), 
composed of Bucks and Dog Bluff townships, zone three (3), composed of 
Galivant's Ferry and Bayboro townships, zone four (4), composed of Floyds 
and Green Sea townships, zone five (5), composed of Simpson Creek and 
Little River townships, zone six (6), composed of Dogwood Neck and Socastee 
townships; provided, that the said commissioners, or any one or more of them 
may be removed from office by the Governor upon the written request of 
the legislative delegation, or a majority thereof. 

(2) Chairman — appointment — term — bond. The chairman of the county 
board of commissioners for Horry County shall come from the county at 
large and shall be appointed by the Governor in like mannei; as provided for 
the appointment of members of said board and the term of oft'ice of said 
chairman shall begin July 1, 1945, and shall be for a term of four (4) years, 
and until his successor shall have been appointed and qualified. The chair- 
man shall enter into a bond with some surety company authorized to do busi- 
ness in the State of South Carolina in the sum of five thousand (.$5,000.00) 
dollars for the faithful discharge of his duties. 

(3) Clerk. — At the first meeting of the new board of county commissioners 
provided for in this section the said board shall elect a clerk, subject to the 
approval of the Senator and a majority of the legislative delegation, who 
shall be designated as clerk of the county board of commissioners. He shall 
hold office at the will and pleasure of said board, but cannot be fired without 
the written approval of the Senator and a majority of the legislative delega- 
tion, and shall receive such annual salary as the board of county commis- 
sioners may fix, payable monthly, upon the warrants of said board : provided, 
that the salary fixed as herein provided shall not exceed the appropriation 
made for such salary. 

(4) Duties and powers of board and chairman thereof — employees. — The 
said county board of commissioners shall have all the powers and duties here- 
tofore imposed by law upon the county road commissioner, the county super- 
visor, the township supervisor and the county board of commissioners. The 
chairman of the county board of commissioners shall have direct charge of 
the construction and repair of all roads and bridges in the connty, and shall 
devote his entire time to this work ; he shall have charge of the chaingang, 
all road machinery, and all hired help who are engaged in any of the above- 
mentioned work, subject to the general direction and authority of the county 
board of commissioners. He shall have authority to employ and discharge 
any employees that work for the county, at his discretion, in the construction, 
repair and maintenance of all roads and bridges in the county ; that all other 
employees of said county hereafter employed by the county board of com- 



165 Code of Laws of South Carolina § 4513 

missioners shall be hired, and/or fired by said county commissioners only with 
the written consent of the Senator and a majority of the legislative delegation: 
provided, that the board of county commissioners shall fix the compensation 
for said employees ; that said chairman shall appoint all road overseers and 
provide suitable receipt books, in duplicate, for the collection of the commu- 
tation road tax of said county ; that at each regular monthly meeting of the 
county board of commissioners he shall make a report showing all monies 
collected and work done during the previous month and the condition of 
the roads and bridges of said county ; provided, further, that the county 
commissioners shall meet with the Senator and legislative delegation once 
every quarter. 

(5) Compensation of commissioners. — The compensation of the chairman 
and members of the board of county commissioners shall be as annually fixed 
by the legislative delegation in the annual county supply act. 

1943 (43) 129; 1944 (43) 2322; 1945 (44) 56. 

Section above replaces § 4491, 1942 Code and 1944 Supplement. 

§ 4502-2. Horry and Marion Counties license coin operated maclaines, billiard 
tables, bowling alleys and skating- rinks. 

See this section in 1944 Supplement. 

Jasper County 

§ 4503. Close oifices at noon Thursdays and Saturdays. — All county officers 
for the county of Jasper are authorized to close their respective offices at 
twelve o'clock noon on each and every Saturday throughout the year; and 
said officers are likewise authorized to close their said respective offices at 
twelve o'clock, noon, eastern standard time on each Thursday, same to remain 
closed during the balance of the day. 

1945 (44) 141. 

Above section replaces § 4503, 1942 Code. 

§ 4510-1. Law applicable when no supply bill enactedi. 

See this section in 1944 Supplement. 
§ 4510-3. Aeronautics commission. 

See this section in 1944 Supplement. 

Kershaw County 

§ 4512. Board of directors — number — election— term. — A board of county 
directors for Kershaw County to consist of four (4) members, one from each 
township, is hereby created. In the general election of 1946 and every suc- 
ceeding four (4) years thereafter each township of Kershaw County shall 
elect one director who shall be commissioned as all other county officials 
are for a period of four (4) years. 

1944 (43) 2291; 1946 (44) 1382. 

Above section replaces § 4512, 1942 Code and 1944 Supplement. 

§ 4513. Chairman — salaries— bond— clerk— warrants. — Said board of county 
directors shall elect from their number a chairman upon whom may be de- 



§ 4513 1946 Supplement 166 

volved such duties and powers as the board in its discretion may deem ad- 
visable. The salaries of the board of county directors shall be such as is 
fixed in each annual county supply bill for Kershaw County. Each member 
of the board shall enter into a bond secured by a duly licensed security com- 
pany, to be approved by the clerk of the court, payable to the county in the 
sum of two thousand ($2,000.00) dollars, conditioned for the faithful per- 
formance of his duty. The premium of said bond to be paid out of the general 
funds of the county clerk. The board of directors shall elect a clerk to be 
known as the clerk of the board of county directors. He shall hold office 
at the will and pleasure of the board and shall receive such annual salary 
as the board of directors ma}^ fix, payable monthly on warrants drawn by 
the board of directors. All warrants of the board of directors upon the 
county treasurer shall be signed by not less than three members of the board 
of directors and also by the clerk of the board. 

1945 (44) 111. 

Above section replaces § 4513, 1942 Code, 

§ 4528-1. Sinking fund commission pay over certain surplus funds. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 145 
and 146 make up this section. See same for contents. 

§ 4529-4. County Forest Fire Control Organization Act. 

See this section in 1944 Supplement. 

Lancaster County 

§ 4553. Per capita road tax — amount. — Repealed hy 1943 Acts and Joint 
Resolutions (^3 Statutes at Large) page 120. 

§ 4569-1. Attorney. — The county attorney for the county of Lancaster shall 
be appointed by a majority of the board of commissioners of said county. 

1945 (44) 204. 

Above section replaces § 4569-1 in 1942 Code. 

§ 4569-3. Lancaster County Forest Fire Control Organization Act. — * * * 

(7) Funds pay state commission of forestry. — The treasurer of Lancaster 
County shall on the first day of July annually, pay over to the state commis- 
sion of forestry such funds as shall be appropriated in the annual supply bill 
for Lancaster County to be used by said forestry commission as herein pro- 
vided, and the voucher, check or other method of payment made by said 
treasurer shall be complete discharge of the said treasurer hereunder. 

1945 (44) 205. 

Above subsection 7 replaces said subsection in 1942 Code. 

§ 4569-4. Dance halls, pavilions, stores, restaurants, stands or buildings or 
coin operated music making machines, or piccolos, or orchestras.^ — * * * 

(4) License fee. — The license fee to be charged in connection with the 
above application shall be fifty ($50.00) dollars for each such dance hall or 
place of amusement, or piccolo, orchestra or music-making machine. 

(5) Penalties. — Any person violating the provisions of this section or fail- 
ing to secure a license for each and every dance hall, pavilion, or place where 



167 Code of Laws of South Carolina § 4576 

dancing is permitted, or for each piccolo, orchestra, or music making machine 
within six days after establishment, or shall operate such piccolo, orchestra or 
music making machine between the hours of twelve o'clock midnight Saturday 
and six a. m. on the following Monday, shall be deemed guiltj^ of a misde- 
meanor and shall be fined in the sum of not less than twenty ($20.00) dollars 
nor more than one hundred ($100.00) dollars, or imprisonment for a 
term not to exceed thirty (30) days, in the discretion of the magistrate; 
provided, each and everj^ day that the said place of business or machine is 
operated without license shall constitute a separate offense. All amounts 
collected under the terms of this section, whether from fines or fees, shall 
be turned over to the county treasurer and be placed in the general county 
funds. 

1946 (44) 1440. 

1946 p 1440 increased license fee from $10.00 to $50.00 and added portion in italics 
preceding provided. Above subsections 4 and 5 replace former said subsections 4 and 5. 

§ 4569-6. Close offices one afternoon weekly during certain weeks. 

See § 4569-5, 1944 Supplement, for contents of this section. 

§ 4569-7. Participate in state retirement system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1482 
and 1483 make up this section. See same for contents. 

Lee County 
§ 4576. Board of county commissioners. 

(1) Appointment — term. — The county government of Lee County shall be 
in the hands of a board of county commissioners, composed of five (5) mem- 
bers, who shall be appointed by the Governor and upon the recommendation 
of the Senator from Lee County and who shall hold their office for a term 
of four (4) years, and until their successors are duly appointed and qualified 
as provided by law. 

(2) Duties and powers — districts — appointment — term. — The members of 
the county board of commissioners of Lee County shall have the same powers 
and duties as now provided by law and one of the members of the county 
board of commissioners of Lee County shall be named from each of the fol- 
lowing commission districts of Lee County, namely one from district No. 1, 
which shall consist of all that territory east of Lynches River, and one from 
district No. 2, which shall consist of all that territory bounded east by the 
paved highway leading from the intersection of Church and Main streets 
of the town of Bishopville to Elliott and by the state highway leading from 
Elliott past the B.P.T. store to the Sumter County line near the home of Mr. 
Hugh Witherspoon, and bounded north by the paved road leading from the 
intersection of Church and Main streets to the town of Bishopville to the 
highway bridge on Scape O'er Swamp at Manville and thence from said 
bridge by the state highway leading through "Woodrow to the Sumter County 
line on the road to Statesburg, and one from district No. 3, which shall consist 
of all that territory bounded north and east by the paved highway from Cam- 



§ 4576 1946 Supplement 168 

den to the intersection of Clnirch and Main streets of the town of Bishop- 
ville and bounded south by the paved road from Bishopville to the highway 
bridge on Scape O'er Swamp at Manville and then from said bridge by the 
State higliway leading through Woodrow to the Sumter County line on the 
road to Statesburg, and one from district No. 4, which shall consist of all 
that territory lying west of Lynches River and bounded on the north by the 
paved highway leading from DuBose's bridge on Lynches River to the inter- 
section of Church and Main streets of the town of Bishopville, and bounded 
on the west by the paved highway leading from the intersection of Church 
and Main streets of the town of Bishopville to Elliott and by the state highway 
leading from Elliott past B. P. T. Store to Sumter County line near the home 
of Mr. Hugh Witherspoon, and one from district No. 5, which shall consist 
of all that territory lying west of Lynches River and bounded south and west 
by the paved highway from Camden to the intersection of Church and Main 
streets of the town of Bishopville and bounded on the south by the paved liigh- 
way leading from the intersection of Church and Main streets of the town 
of Bishopville to DuBose's bridge on Lynches River: provided, hoivever, that 
the initial Board of Commissioners appointed under the provisions hereof 
shall be appointed February 15, 1945, for the term provided herein and upon 
their appointment the members sliall replace the present members of the board 
of county commissioners of Lee County; provided, further, that the terms of the 
initial two additional commissioners appointed under the provisions hereof shall 
be from the date of said appointment until the 22nd day of April, 1946, or until 
their successors shall have been duly appointed aud qualified ; provided, further, 
that in no event shall any election be held for the purpose of electing or rec- 
ommending the appointment of any county commissioner and any person who 
runs in any such election after March 19, 1942, shall be ineligible for appoint- 
ment as county commissioner of Lee County. 
1945 (44) 22. 

1945 p 22 increased commissioners to 5 from 3, and amended subsection 2. Above 
subsections 1 and 2 replace former said subsections. 

Lexington County 

§ 4590-1. Fees — collection and disposition — officers receive salaries — term of 
commissioners. 

(1) Auditor, clerk of court, county commissioner, probate judge, sheriff, 
superintendent of education and treasurer receive salaries in lieu of fees.—'' * * 

Provided, that the probate judge of Lexington Country is hereby author- 
ized to retain all commissions upon the sale of real estate made by him and 
said funds shall not be turned into the county treasury but shall be in addition 
to the salary now paid. The probate judge of Lexington County shall collect 
from each applicant for a marriage license the sum of one and 50/100 ($1.50) 
dollars at the procuring of a license which shall be turned over to the county 
treasurer to be placed in the ordinary county funds. 

1946 (44) 1523. 

§ 4597-9. Treasurer purchase and sell state and federal documentary stamps. 
See this section in 1944 Supplement. 



169 Code of Laavs of South Carolina § 4684-2 

Marion County 

§ 4615. Marion County Forest Fire Control Organization Act. 

See this section in 1944 Supplement. 

§ 4617-1. Municipalities put their prisoners in Marion County jail. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1438 
and 1439 make up this section. See same for contents. 

Marlboro County 
§ 4636-2. Airport commission. 

See this section in 1944 Supplement. 

§ 4636-3. Participate in state retirement system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1524 
make up this section. See same for contents. 

McCormick County 

§ 4642-1. Auditor and treasurer collect and settle monthly for services ren- 
dered. — The auditor and treasurer of McCormick County are hereby required 
to collect all fees for any work done in their respective offices, and turn said 
fees over monthly to the treasurer of McCormick County to be used for ordi- 
nary county purposes. 
1946 (44) 1366. 

4644-3. Custodian of court house. 

See this section in 1944 Supplement. 

Newberry County 

§ 4674. Commissioners — vacancy. 

See this section in 1944 Supplement. 
§ 4684-1. Court house board. 

See this section in 1944 Supplement. 
§ 4684-2. Purchases — payment claims. 

(1) Advertise for certain supplies — bids — contracts. — The board of commis- 
sioners of Newberry County shall advertise each quarter, in at least two 
issues, in one of the newspapers published in the county of Newberry for 
bids for all implements, books, stationery and supplies of whatever kind 

. shall be needed for the county and for each and every office thereof, except 
those supplies needed by the superintendent of education. Such bids shall 
be based on delivery at the Newberry court house unless otherwise specified. 
Such advertisement shall set forth the articles and the amount thereof to be 
purchased and the contract for any purchase shall be awarded to the lowest 
responsible bidder for the ensuing quarter. 

(2) Emergency purchases. — In case of emergency, the board of commis- 
sioners may make purchases for the county where the cost does not exceed 
fifty ($50.00) dollars ; in such event, a majority of the board of commission- 



§ 4684-2! 1946 Supplement 170 

ers shall certify on the claim therefor the necessity of such emergency pur- 
chase. 

(3) Payment of claims. — No bill, act or claim of any kind whatever against 
the county shall be paid unless previously contracted for as provided in sub- 
section 1 or in the case of emergency, as provided in subsection 2. No sup- 
plies shall be bought or expense incurred by any office, officer or employee 
except by the consent of the board of commissioners unless otherwise provided 
by law. 

(4) Reject bids. — The board of commissioners shall have the right to reject 
any and all bids. 

(5) Purchase of school supplies. — The county superintendent of education 
is hereby designated as purchasing agent for all office supplies and equipment 
for his office and for all school supplies of every nature for the county of 
Newberry. He shall require bids, after due advertisement, as provided in 
subsection 1, unless he certifies that an emergency exists and the purchase 
does not involve more than fifty ($50.00) dollars. 

(6) Claims submit to county board of commissioners. — All claims submitted 
to the county board of commissioners shall be itemized and shall be signed 
by the supervisor and both county commissioners prior to payment. 

1946 (44) 1351. 

§ 4684-3. Participate in state retirement system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1568 
make up this section. See same for contents. 

§ 4684-4. Newberry airport commission. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1372 
make up this section. See same for contents. 

Oconee County 

§ 4689. Compensation and bonds of certain officials — collection of fees. — * * * 
The clerk of court of Oconee County shall collect, as he is now doing, the 
auditing fees of deeds recorded in his office. Said clerk shall pay such fees 
so collected to the treasurer of said county in like manner as fees collected 
for his office are paid to said treasurer. The auditor of said county shall audit 
the transfer of real estate upon his books upon receipt of deeds from said 
clerk of court without any remission by the clerk to the auditor of auditing 
fees collected by said clerk. . 

1945 (44) 211. 

Above provisions come from 1945 p 211. Section otherwise effective, 

§ 4691. Auditor and treasurer — salaries — fees. 

See this section in 1944 Supplement. 

Pickens County 
§ 4728-7. Participate in state retirement system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1428 
and 1429 make up this section. See same for contents. 



171 Code of Laws of South Carolina § 4851 

Richland County 

§ 4738-2. Participate in state retirement system. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 292 
thru 294 make up this section. See same for contents. 

§ 4738-3. Richland County Home. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1377 
and 1378 make up this section. See same for contents. 

Saluda County 

§ 4739. Board of commissioners — election — chairman — ^vacancy. 

See this section in 1944 Supplement. 

§ 4753-1. Commission control and care for public buildings and grounds of 

Saluda County in Saluda. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1350 
and 1351 make up this section. See same for contents. 

Spartanburg County 

§ 4770. Fees and costs — collection — auditor, treasurer, superintendent of ed- 
ucation, clerk of court, sheriff, probate judge, master, register of mesne con- 
veyance, supervisor, probation officer and magistrates, receive salaries and as- 
sistance in lieu of. 

The proceeds of fees and costs provided treasury and used for general county 

to be paid in connection with services ren- purposes. Anderson et al. v. Page et al., 

dered by the officers of Spartanburg 1946, S. C , 37 S. E. 2d 289. 

County are channeled into the county 

§ 4779-1. Special auditor and director of vital statistics — duties and powers 
— vacancy. 

See this section in 1944 Supplement. 

Sumter County 
§ 4788. Official bonds. 

See this section in 1944 Supplement. 
§ 4789. Powers of commissioners. 

See this section in 1944 Supplement. 

Union County 

§ 4830-5. Fees — collection — auditor, clerk of court, master, probate judge, 
register of mesne conveyance, sheriff and treasurer receive salaries and ex- 
penses in lieu of fees. 

Constitutional. O'Shields et al. v. Cald- 2d 184. 
well et al., 1945, 207 S. C. 194, 35 S. E. 

§ 4848. Auditor examine and verify books. 

See this section in 1944 Supplement. 

§ 4851. Sinking fund commission. — Repealed hij 191^3 Acts and Joint Reso- 
lutions (IfB Statutes at Large) pages 1^9 thru 52. 



§ 4852 1946 Supplement 172 



§ 4852. Officers — seal — sue and be sued, etc. — office. — Repealed hij 1943 Acts 
and Joint Eesolutions (J^S Statutes at Large) pages 1^9 thru 5i 



r,e) 



§ 4853. Meetings. — Repealed ly 191^3 Acts and Joint Resolutions (1^3 Statutes 
at Large) pages 49 thru 52. 

§ 4854. Sinking fund and forfeited land commission. 

See this section in 1944 Supplement. 

§ 4855. Duties. 

See this section in 1944 Supplement. 
§ 4856. Further duties. 

See this section in 1944 Supplement. 

§ 4857. Treasurer to furnish statement. 

See this section in 1944 Supplement. 

§ 4858. Master to turn over certain moneys to treasurer. 

§ 4858 1942 Code repealed by 1943 Acts and Joint Resolutions (43 Statutes at Large) 
pages 274 and 275. 1945 p 38 amended said § 4858 principally by providing^ for the 
payment by master of certain funds to treasurer in lieu of sinking fund commission, 

§ 4859. Shall obey master's warrant. — Repealed hy 1943 Acts and Joint Reso- 
lutions (43 Stat^ites at Large) page 274. 

§ 4860. Referees turn over certain moneys to treasurer. 

§ 4860, 1942 Code repealed by 1943 Acts and Joint Resolutions (43 Statutes at Large) 
pages 274 and 275. 1945 p 38 amended § 4860 principally by providing for the 
payment by referees of certain funds to treasurer in lieu of sinking fund commission. 

§ 4861. To obey warrants of referees. — Repealed ly 1943 Acts and Joint 

Resolutions (43 Statutes at Large) page 274. 

§ 4862. Probate judge turn over certain moneys to treasurer. 

§ 4862, 1942 Code repealed by 1943 Acts and Joint Resolutions (43 Statutes at Large) 
pages 274 and 275. 1945 p 38 amended said § 4862 principally by providing for the 
payment by probate judge of certain funds to treasurer in lieu of sinking fund 
commission. 

§ 4863. Shall honor warrants of probate judge. — Repealed hy 1943 Acts and 
Joint Resolutions (43 Statutes at Large) page 274- 

§ 4864. Reports. 

See this section in 1944 Supplement. 

§ 4865. Publish quarterly statements. 

See this section in 1944 Supplement. 
§ 4866. Further duties. 

See this section in 1944 Supplement. 

§ 4867. Bonds may be redeemed. 

See this section in 1944 Supplement. 
§ 4868. Treasurer turn over cancelled coupons. 

See this section in 1944 Supplement. 

§ 4869. Notify legislative delegation of maturity of bonds. 

See this section in 1944 Supplement. 



173 Code of Laws of South Carolina § 4934-1 

§ 4870. Compensation.— ^epea/ef^ by 1943 Acts and Joint Resolutions (1^3 
Statutes at Large) pages 49 thru 52. 

§ 4871. Penalties for breach of trust. 

See this section in 1944 Supplement. 

§ 4872. Penalties. 

See this section in 1944 Supplement. 

§ 4873-1. Bonds of officers. 

See this section in 1944 Supplement. 

§ 4873-2. Union County fair association. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1578 
thru 1580 make up this section. See same for contents. 

Williamsburg County 
§ 4874. Williamsburg" County aeronautics board. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) page 308 
thru 312 make up this section. See same for contents. 

§ 4884. Commissioners. 

See this section in 1944 Supplement. 

York County 
§ 4894. Supervisor. 

See this section in 1944 Supplement. 

§ 4895. Board of commissioners. 

See this section in 1944 Supplement. 
§ 4913. York County sinking fund commission. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 180 
thru 185 make up this section. See same for contents. This section replaces § 4913 
in 1942 Code and 1944 Supplement. 

§ 4913-1. Balances from receipts for payment of obligations — credit — use. 

See this section in 1944 Supplement. 
§ 4924. Other fees and commissions of clerks of court. 

See this section in 1944 Supplement. 
§ 4927-3. Register of mesne conveyance, Charleston County. 

See this section in 1944 Supplement. 

§ 4932-1. Minimum fee, clerk of court, Marion County. — The clerk of court 
of Marion County is hereby authorized and directed to charge a minimum fee 
of twenty-five (25^) cents on all documents that he is required to file or record, 
and for which he now receives a fee. This shall in no manner affect any fees 
in excess of the minimum herein stated. 
1945 (44) 156. 

§ 4934-1. Richland County. 

See this section in 1944 Supplement. 



§ 4936 1946 Supplement 174 

§ 4936. Register of mesne conveyance, Spartanburg County. 

See this section in 1944 Supplement. 

§ 4937. Clerk of court, Sumter County. 

See this section in 1944 Supplement. 

§ 4942-1. Fee probate judge charge for copy of marriage record, Aiken 
County. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1320 
and 1321 make up this section. See same for contents. 

§ 4946- A. Probate judge, Lexington County. 

See this section in 1944 Supplement. 
§ 4946-1. Probate judge, Spartanburg County. 

Constitutional. Anderson et al. v. Page 289. 
et al., 1946, S. C , 37 S. E. 2d 

§ 4950. Sheriffs. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 208 thru 210 elimi- 
nated proviso relating to transportation expenses of Florence County sheriff and 
changed punctuation and style. 

§ 4963. Witness fees in civil cases. 

Pay of witnesses, Aiken County, 1945 Acts and Joint Resolutions (44 Statutes at 
Large) pages 77 and 78; Horry County, 1945 Acts and Joint Resolutions (44 Statutes 
at Large) pages 87 and 88. 

§ 4964. Witness fees in criminal cases. 

Pay of witnesses, Aiken County, 1945 Acts and Joint Resolutions (44 Statutes at 
Large) pages 77 and 78; Horry County, 1945 Acts and Joint Resolutions (44 Statutes 
at Large) pages 87 and 88. 

§ 4996-2. Powers and duties of state department of public welfare. 

See this section in 1944 Supplement. 
§ 4996-4. State director of public welfare. 

See this section in 1944 Supplement. 

§ 4996-10. County director — county board submit estimates of needs to state 
department. 

See this section in 1944 Supplement. 

§ 4996-16. County department decide on applcations and assistance — notify 
state department and applicant — pay assistance monthly. 

See this section in 1944 Supplement. 

§ 4996-30. Persons receive — amount limited. — Old age assistance shall be 
paid under this chapter to any person who shall comply with the require- 
ments of this chapter and who; (a) attained the age of sixty -five (65) years; 
(b) is a citizen of the United States; (c) has resided in the State of South 
Carolina for at least one (1) year immediately preceding the date of the ap- 
plication; (d) has income or other resources which, when added to contribu- 
tions in money, is inadequate to provide a reasonable subsistence : provided, 
however, that where an applicant for assistance has an income of two hundred 
forty- ($240.00) dollars, or more annually, no assistance shall be granted or 
alloAved, nor shall any assistance to any individual exceed two hundred forty 



175 Code of Laws of South Carolina § 5044-6 

($240.00) dollars annually; (e) has not directly or indirectly disposed or 
deprived himself of any propertj^ for the purposes of qualifying for the ben- 
efits of this chapter ; (f ) is not an inmate of any public institution at the time 
of receiving assistance ; provided, hotvever, that any such inmate may apply 
for such assistance. 

1946 (44) 1459. 

Above section replaces § 4996-30, 1942 Code and 1944 Supplement. 

§ 4996-40. Persons receive. — The state department shall grant assistance 
in the form of money payments, to blind persons in need who (a) have no 
vision or whose vision with correcting glasses is so defective as to prevent 
the performance of ordinary activities for which eyesight is essential; (b) 
is unable to provide himself with the necessities of life, has insufficient means 
of his own for proper support and has no relative or other person able to 
provide and legally responsible for his maintenance or willing to provide there- 
for, (c) Has resided in this State continuously for one year immediately 
preceding the date of application, or who has suffered loss of sight while a 
resident of this State or who was blind and a resident of this State. 

1946 (44) 1552. 

Qualifications of blind persons receive aid liberalized, 1946 p 1552. Above section 
replaces § 4996-40, 1942 Code. 

§ 5002. Executive committee of state board of health promulgate and en- 
force rules for public health. 

See this section in 1944 Supplement. 

§ 5009-1. State board of health waive claim of damages against any party 
placing or assisting in placing without charge any of its boats upon ways. 

See this section in 1944 Supplement. 

§ 5044-6. Test blood of pregnant women for syphilis. 

(1) Required. — Every physician attending pregnant women in the State for 
conditions relating to their pregnancy during the period of gestation and/or 
at delivery shall, in the case of every woman so attended, take or cause to be 
taken a sample of blood of such woman at the time of first examination or 
within three days thereafter, and shall submit such sample to an approved 
laboratory for a standard serological test for syphilis. Every other person 
permitted by law to attend pregnant women in the State, but not permitted 
by law to take blood samples, shall cause a sample of blood of such pregnant 
women to be taken by a physician duly licensed to practice medicine and 
surgery, registered nurse or laboratory technician authorized to take blood 
for blood tests, and have such sample submitted to an approved laboratory 
for a standard serological test for syphilis. 

(2) Test. — For the purpose of this section a standard serological test shall 
be a test for syphilis approved by the state health officer of South Carolina, 
and shall be made at a laboratory approved to make such tests by the state 
health officer of South Carolina. Such laboratory tests as are required b}^ 
this section shall be made on request without charge at the South Carolina 
state board of health. 



§ 5044-6 1946 Supplement 176 

(3) Penalties. — Any person who violates the provisions of this section shall 
be guilty of a misdemeanor and upon conviction shall be punished by a fine 
of not more than one hundred ($100.00) dollars or imprisonment for not more 
than thirty (30) days. 

(4) Printing, clerical and other assistance. — The South Carolina state board 
of health shall provide the necessary printing, clerical and other technical 
assistance involved in the administration of this section or any other expend- 
itures necessary to carrying out its provisions and purposes. 

1946 (44) 1542. 

§ 5047. Analysis required of public and certain other water supplies. 

See this section in 1944 Supplement. 
§ 5048. Fee for bacteriological examination. 

See this section in 1944 Supplement. 
§ 5049. State board inspect water shed and examine public water supplies. 

See this section in 1944 Supplement. 
§ 5053. Septic tanks in counties with city over 70,000. 

See this section in 1944 Supplement. 

§ 5055-7. Charleston County board of health. 

See this section in 1944 Supplement. 

§ 5056-14. Health department file and keep vital statistics, Lexington 
County. 

See this section in 1944 Supplement. 
§ 5057. Newberry County board of health. 

See this section in 1944 Supplement. 

§ 5057-3A. Spartanburg County contract with U. S. government for oper- 
ation of health center. 

See this section in 1944 Supplement. 

§ 5057-5. Sumter County board of health — health department — director — 
vital statistics. 

Provisions of 1943 Acts and Joint Reso- 1335 and 1945 Acts and Joint Resolutions 

lutions (43 Statutes at Large) pages 158 (44 Statutes at Large) pages 172 and 173 

thru 162, 1944 Acts and Joint Resolutions make up this section. See same for con- 

(43 Statutes at Large) pages 1333 thru tents. 

§ 5057-6. York County board of health— health department — director. 

See this section in 1944 Supplement. 

§ 5057-16. Label or tag bedding for sale— exemptions — bedding fund — duties 
and powers of state board of health. — No person shall sell, offer for sale, con- 
sign for sale, or have in his possession with intent to sell, offer for sale, or 
consign for sale any article of bedding as herein designated, unless the same 
be labeled or tagged as follows: upon each of such articles of bedding there 
shall be securely sewed upon the outside thereof a muslin or linen label to 
be procured from the State board of health as hereinafter provided upon 
which shall be legibly written or printed, in the English language, a descrip- 



177 Code of Laws of South Carolina § 5057-16 

tiou of the material used as the filling- of such articles of bedding ; if any and 
all the material used, as the filling of such article of bedding, shall not have 
been previously used, the words "Manufactured of new material" shall appear 
upon said tag, together with the name and address of the maker or vendor 
thereof. 

It shall be unlawful to use in the said statement concerning any mattress 
the word "felt" or words of like import, if there has been used in filling said 
mattress any materials which are not felted and filled in layers. 

If any of the material used in the making or remaking of such article of 
bedding shall have been previously used, (and when sterilized in conformity 
with section 5057-15 the words "Manufactured of previously used material" 
or "Remade of previously used material," as the case may be, shall appear 
upon said tag or label, together with the name and address of the maker 
or vendor thereof, and also a description of the material used in the filling 
of such article of bedding. The tag or label required under this section shall 
contain a replica of the seal of South Carolina printed thereon and shall be 
in the following form : 

"OFFICIAL STATEMENT 
Manufacture of New Material 

Materials used in filling .*. _— 

Made by - 

Vendor -- 

Address ' 

The statement of compliance required in the foregoing "official statement" 
shall not be construed to imply that it is prohibited to state, also, that the 
article of bedding is made in compliance with an act or acts of other states. 

The words "Manufactured of new material", or "Manufactured of pre- 
viously used material," or "Remade of previously used material," together 
with the description of the material used as the filling of an article of bed- 
ding, shall be in letters not less than one-eighth (1/8) of an inch in height. 

In the ease of all articles of bedding, the sewing of any edge of the tag 
securely into an outside seam of the article shall be deemed a compliance with 
that portion of the article requiring that the tag be "securely sewed" upon 
the article. 

No term of description likely to mislead shall be used on any tag or label 
required by this article in the description of the materials used in the filling 
of any article of bedding. This article shall not be construed to prevent a 
person from making or having made any bedding out of materials furnished 
by said person for his or her oAvn use, or to any person who does not make 
over six mattresses per week provided said label is attached. The state board 
of health is hereby authorized and directed to contract for the printing of 
tags or labels required by this section and shall, upon the application of any 
person, firm or corporation, furnish the said tags or labels fashioned and 
formed in accordance with the provisions hereof in lots of not less than two 



§ 5077-16 1946 Supplement 178 

hundred and fifty (250) at a cost of five ($5.00) dollars per two hundred 
and fifty to such person, firm or corporation. The said fees or charges for 
said tags shall be paid directly to the state board of health and Avhen so col- 
lected shall constitute a separate fund, known as the bedding fund, and shall 
be expended and used solely bj" the board of health in carrying out the pro- 
visions of this article, and such moneys and funds collected by the state board 
of health are hereby specifically appropriated to the use of said board of health 
for the purposes herein enumerated, and the said state board of health is 
specifically charged with the enforcement of this article in the interest of the 
health of the people of the State. State institutions engaged in manu- 
facture of bedding shall not be required to pay a fee for the tags. All moneys 
collected under the provisions of this article shall be paid into the general 
fund of the State. 

1945 (44) 142. 

1945 p 142 decreased the number of tags of bedding manufacturer purchase, and 
changed punctuation. Above section replaces § 5057-16, 1942 Code. 

§ 5127-1. Enrich white bread, white flour and self -rising flour. 

See this section in 1944 Supplement. 

§ 5127-2. Oleomargerine — vitamin A add — ingredients — labeling. 

See this section in 1944 Supplement. 

§ 5127-3. Enrich degerminated hominy grits and degerminated corn meal. 

See this section in 1944 Supplement. 

§ 5128. Adulterated articles — state board of health may declare certain arti- 
cles exempt. 

The inclusion of a harmful foreign sub- Statute and negligence per se. McKenzie 
stance in cake prepared for human con- v. Peoples Baking Co., 1944, 205 S. C. 
sumption is a violation of our Pure Food 149, 31 S. E. 2d 154. 

§ 5128-1. Uniform Narcotic Drug Act. 

See this section in 1944 Supplement. 

§ 5128-27. Manufacture or sell impure food or drugs prohibitedi. 

The inclusion of a harmful foreign sub- Statute and negligence per se. McKenzie 
stance in cake prepared for human con- v. Peoples Baking Co., 1944, 205 S. C. 
sumption is a violation of our Pure Food 149, 31 S. E. 2d 154. 

§ 5129-lOA. §§ 5129-2 thru 5129-10 not applicable to oleomargarine and mar- 
garine. 

See this section in 1944 Supplement. 

§ 5130. Bureau of vital statistics. 

See this section in 1944 Supplement. 

§ 5132. Registration districts. — For the purposes of this article the state 
registrar shall divide the State into registration districts, defining and desig- 
nating the boundaries thereof and appointing local registrars in each district. 
Provided, that the state registrar shall appoint each county health director a 
county registrar, to whom all local registrars shall forward all birth, death, and 
other necessary records. The state registrar shall appoint a deputy county 



179 Code of Laws of South Carolina § 5134 

registrar iu each county health department, who shall be invested with all 
necessary and legal rights to carry out the duties of the office. 

1946 (44) 1543, 

1946 p 1543 added the proviso above. Above section replaces § 5132, 1942 Code. 

§ 5134. State registrax issue certificates of birth and death records — fee — 
admit in evidence — search fee — disposition of receipts. — The state registrar 
shall upon request furnish certificates under the seal of the department of 
health and the hand of an officer showing data taken from the records of 
birth and death registered under the provisions of this article as follows: (1) 
A birth card or certificate showing the name, sex, color, date and place of 
birth of the registrant, such card or certificate to be of substantially the 
following form : 

(Front) 

BIRTH CARD- Certificate No : 

Name: — - 

Birth date Sex.— Color Date filed 

Birthplace 



I certify that this is a true copy of facts from the birth record of the indi- 
vidual named above. 

DEPARTMENT OF HEALTH 
Date By 

ABSENCE OF IMPRESSION SEAL OF STATE HEALTH DEPARTMENT 
OR ANY ALTERATION RENDERS THIS BIRTH CARD VOID. 

(Back) 
Keep a record of number on this birth card for use in event of loss and apply 

to the state health department in the State of birth for its replacement. 
The letter "D" prefixed to the birth card number indicates a delayed filing 

accepted in accordance with the standards in effect when the certificate was 
filed. 

And (2) a certified copy of the record of any birth or death registered under 
the provisions of this article. For the making, furnishing of and the cer- 
tification upon such card or certificate or certified copy of the record, the 
state registrar shall be entitled to a fee of fifty (50(;^) cents, to be paid by 
the applicant. Any such card or certificate or certified copy of the record 
of a birth or death shall be prima facie evidence in all courts and places of 
the facts therein or thereon stated. Provided, that the absence of the im- 
pression seal of the state health department or any alteration as to any 
data set out in or on such card or certificate or certified copy shall render 
such card or certificate or certified copy void. For any search of the files 
and records when no card or certificate or certified copy is made, the state 



§ 5134 1946 Supplement 180 

registrar shall be entitled to a fee of fifty (50f ) cents for each hour or frac- 
tional part of an hour of time of search, to be paid by the applicant. The 
state registrar shall keep a true and correct account of all fees received by 
him under the provisions hereof and turn the same over to the state treasurer 
each month. 

Provided, that when any birth or death record is required by the United 
States government in connection with the administration of the Servicemen's 
Dependent Allowance Act of June 23, 1942, or Avhen such records are required 
to perfect a claim for benefits under laws administered by the veteran's ad- 
ministration, or are required by a man or woman entering the military 
service of the United States the state registrar, upon request accompanied 
by satisfactory evidence that such records are for the purpose herein author- 
ized, shall furnish certified such card, certificate or copies to applicants 
therefor without cost. 

1944 (43) 1180, 1269; 1945 (44) 28. 

Above section replaces § 5134 in 1942 Code and 1944 Supplement. 

The factual contents of a death cer- Post Exchange, Fort Jackson, et al., 1945, 
tificate may be contradicted by proper 207 S. E. 258, 35 S. E. 2d 838. 
evidence. Mack et al. v. Branch No. 12, 

§ 5135-1. Correct mistakes in birth or death certificates— establish birth from 
census record. 

See this section in 1944 Supplement. 

§ 5135-2. Local registrars issue death certificates. 

See this section in 1944 Supplement. 

§ 5135-3. Clerk of court or other official issue certificates showing facts 
relating to birth — cost — admit in evidence. — Any clerk of court of general ses- 
sions and common pleas or other county official having charge of vital statis- 
tics records, shall, upon requests, furnish certificates under his hand or the 
hand of his deputy and the seal of his office showing facts taken from the 
records of births registered in his office, as follows : 

(1) A birth card or certificate showing the name, sex, color, date and place 
of birth of the registrant. Such card or certificate to be of substantially 
the following form: 

BIRTH CARD Certificate No : 

Name: . -. 

Birth date Sex Color Date Filed 

Birthplace 

I certify that this is a true copy of facts from the birth record of the indi- 
vidual named above. 

Date: 

(Seal) 

Here insert the name of the office issuing the card or certificate. 



181 Code of Laavs of South Carolina § 5210 

ABSENCE OF IMPRESSION SEAL OF THE COURT OR ANY ALTERA- 
TION RENDERS THIS BIRTH CARD VOID. 

And (2) A certified copy of the record of any birth registered in his office. 
For the making, furnishing of and the certification upon such card or certifi- 
cate or certified copj^ of the record, a fee of fifty (50(^) cents shall be charged and 
paid by the applicant. Such card or certificate or certified copy of the record 
of a birth shall be prima facie evidence in all courts and places of the facts 
therein or thereon stated. Provided, that the absence of the impression seal 
of the court or any alteration as to any data set out in or on such card or 
certificate or certified copy sliall render such card or certificate or certified 
copy void. 

Provided, that when any birth record is required by the United States gov- 
ernment in connection with the administration of the Servicemen's Depend- 
ent Allowance Act of June 23, 1942, or when such records are required to 
perfect a claim for benefits under laws administered by the veterans admin- 
istration, or are required by a man or woman in or entering the military 
service of the United States, said clerk of court upon being satisfied that 
such records are for the purpose herein authorized, shall upon request, furnish 
certified such card, certificate or copies to applicants therefor without cost. 

1945 (44) 80. 

§ 5135-4. Issue certificates of birth to legally adopted children. — Upon the 
application of the legally adoptive parents, or either of them, or the appli- 
cation of the adopted child, if the adoptive parents or parent be dead, it 
shall be the duty of the bureau of vital statistics of the state board of health 
of the State of South Carolina to issue a certificate of birth to such adopted 
child free of any reference to, or indication of the fact that the child was 
adopted, and showing the adoptive parents as the real parents, and the place 
of birth of the adopted child as the place where the adoptive parents were 
residing, if in the State of South Carolina, at the date of the birth of the 
child ; and this irrespective of whether sucli adopted child was actually born 
without this State. 
1945 (44) 3. 

§ 5144. Powers of board of trustees — meetings — records. 

See this section in 1944 Supplement. 

§ 5155. Eligibility for examination. 

See this section in 1944 Supplement. 

§ 5199. Application for license to practice dentistry and examination. 

See this section in 1944 Supplement. 

See notes to § 5210 for revocation or Dental Examiners v. Breeland, 1946, 

suspension of license based on this sec- S. C , 38 S. E. 2d 644. 

tion. South Carolina State Board of 

§ 5210. Licenses — suspend — revoke — renew — unprofessional conduct — adver- 
tising prices. 



§ 5210 1946 Supplement 182 

When one convicted in the court of gen- lina State Board of Dental Examiners v. 

eral sessions of a felony, the statute does Breeland, 1946, S. C , 38 S. E. 

not contemplate that his guilt or inno- 2d 644. 

cence shall again be determined by the Circuit judge on hearing will determine 

circuit judge. South Carolina State whether license should be revoked or sus- 

Board of Dental Examiners v. Breeland, pended; and if a suspension, then the 

1946, S. C , 38 S. E. 2d 644. term of such suspension. South Caro- 

One who has been "convicted" of rape lina State Board of Dental Examiners v. 

is one who, beyond all reasonable doubt, Breeland, 1946, S. C , 38 S. E. 

"has been guilty of" rape. South Caro- 2d 644. 

§ 5216. Board— compensation — put collected fees into state treasury — secre- 
tary — expenses. — Each member of the state board of dental examiners shall 
receive for his services ten ($10.00) dollars per day for each day engaged 
in the business of said board, and that traveling expenses at the rate of five 
(50) cents per mile traveled in attending to the business of said board, 
said compensation and mileage to be paid from the state treasury upon cer- 
tificate of the secretary of said board. All license fees collected from appli- 
cants shall be turned into the state treasury. The South Carolina state board 
of dental examiners shall elect a secretary who shall be an active practicing 
member of the dental profession. The said secretary shall receive a salary 
of three hundred ($300.00) dollars per annum. The actual expenses of said 
board for necessary stamps, stationery and printing pertaining to the duties 
of said board shall be paid by the state treasurer upon an itemized statement 
sworn to by the members of said board. No person shall be appointed as a 
member of the state board of dental examiners unless such person at the 
time of his appointment is an active practicing member of the dental profes- 
sion in this State and has been such practicing member for two (2) years 
preceding his appointment. Provided, that the secretary to the said board 
of dental examiners shall not hold office for more than five (5) years. 

1943 (43) 208; 1946 (44) 1553. 

Above section replaces § 5216 in 1942 Code and 1944 Supplement. 

§ 5222-1. Dentures — artificial teeth — prosthetic dental appliances. 

See this section in 1944 Supplement. 

§ 5222-2. Dentist to be licensed before applying to practice as specialist. — 

Before an applicant can appear before the South Carolina state board of 
dental examiners for a license to practice a specialty, he, or she, must first 
have been licensed to practice dentistrj^ in the State of South Carolina. 
1945 (44) 363. 

§ 5222-3. Special license required to practice each recognized branch of dent- 
istry — not announce as specialist unless licensed — examination. — No dentist 
shall announce or hold himself out to the puljlic as limiting his practice to, 
or as being especially qualified in, or as giving special attention to, any 
branch of dentistry without first having obtained a license therefor from the 
board as hereinafter provided. The board, upon satisfactory proof that the 
applicant has had a minimum of one (1) year of post-graduate work in any 
one of the several recognized branches of dentistry in an approved college 
or university, or its equivalent, to be determined by the board, and 
has complied with all additional requirements of the board, may issue a 
license to such dentist authorizing such dentist to hold himself out, or to 



183 Code of Laws of South Carolina § 5222-7 

announce, to the public that he is especially qualified in, or limits his practice 
to, or gives special attention to, such recognized branch of the dental pro- 
fession. Examinations shall be theoretical and practical. The theoretical 
examinations shall be in writing and include all the subjects represented in 
that recognized branch of dentistry in which the applicant desires to special- 
ize. Written examinations may be supplemented by oral examinations. 
Demonstrations of the applicant's skill shall also be required. A special 
license shall be required for the practice of each recognized branch of dent- 
istry in order for a dentist to hold himself out to the public as limiting his 
practice to, or being especially qualified in, or giving special attention to, 
any branch of dentistry. The fee for such examination and special license 
shall be twenty-five ($25.00) dollars. Any applicant who shall fail to pass 
on examinations shall have the right to apply for a subsequent examination, 
in which case he shall pay to the secretary a fee of twenty -five ($25.00) dollars 
for each subsequent examination. 
1945 (44) 363. 

§ 5222-4. Make and enforce rules and regulations for issuance and tenure 
of specialist license. — The state board of dental examiners is expressly vested 
with the power and authority to make, prescribe and enforce any and all 
reasonable rules and regulations pertaining to and connected with the ap- 
plication for issuance and tenure of any certificate to practice dentistry as a 
specialist. 

1945 (44) 363. 

§ 5222-5. Print and distribute said rules and regulations. — The state board 
shall cause said rules and regulations to be printed and shall furnish each 
applicant for a certificate with a copy of said rules and regulations upon the 
receipt of the application and the fee for certification. 
1945 (44) 363. 

§ 5222-6. Issue certificate for specialty practice of dentistry. — The state 
board shall issue to each applicant who has satisfactorily complied with the 
provisions of §§ 5222-2 thru 5222-10, and these rules and regulations, a cer- 
tificate for a specialty practice of dentistry, of such form and size as may 
be determined. The certificate shall show the name and address of the recip- 
ient and the name of designation of the specialty of dentistry for which the 
licensee shall be certified. Each certificate shall have imprinted thereon the 
seal of the state board and shall contain such pertinent matter as may be 
prescribed. 
1945 (44) 363. 

§ 5222-7. Five years practice prerequisite to becoming specialist. — No cer- 
tificate shall be granted unless the applicant presents satisfactory proof, in 
addition to the other requirements of §§ 5222-2 thru 5222-10, that he, or she, 
has been legally engaged in the practice of dentistry for not less than five 
years immediately preceding the date of filing application. 
1945 (44) 363. 



§ 5222-8 1946 Supplement 184 

§ 5222-8. Time apply. — Every person who desires to obtain a certificate to 
practice a specialty of dentistry shall apply therefor to the state board in 
writing and upon blanks prepared and furnished for the purpose not less 
than thirty (30) daj's before the board meets. 
1945 (44) 363. 

§ 5222-9. Times hold examinations. — Examinations for certification as spe- 
cialists shall be held annually, or as the board may determine. 
1945 (44) 363. 

§ 5222-10. Penalties.— The violation of any provision of §§ 5222-2 thru 5222-10 
shall subject the offender to punishment, upon conviction, of not exceeding 
one hundred ($100.00) dollars fine or imprisonment for not more than thirty 
(30) days. 

1945 (44) 363. 

ARTICLE 9-A 

Dental Laboratory Technicians and Apprentices 

§ 5222-11. Not practice as dental laboratory technician without certificate 
of registration. — No person or combination of persons shall practice or at- 
tempt to practice as a dental laboratory technician as hereinafter defined in 
the State of South Carolina without a certificate of registration either as a 
registered apprentice or as a registered dental laboratory technician issued 
pursuant to the provisions of this article by the state board of dental exam- 
iners. 

1946 (44) 2569. 

§ 5222-12. Practice of dental laboratory technician defined. — Any one or 

combination of the following practices sliall constitute a practice of dental 
laboratory technician in the purvicAV of this article: (a) The fabrication of 
prosthetic dental appliances, such as the using of gold, other metals or com- 
bination of metals, plastics, porcelains, artificial teeth, or other materials, 
in the manufacture of appliances worn in the oral cavity, replacing teeth 
and tissue or worn on or around the teeth. 
1946 (44) 2569. 

§ 5222-13. Apply become registered apprentice — qualifications. — Persons 
wishing to become registered apprentices may apply to secretary of state 
board of dental examiners at any time and after meeting following qualifica- 
tions may be issued certificates of registration: 

(a) That such person be at least sixteen (16) years of age, and pays the 
required fee hereinafter enumerated. 

(b) That such person shall produce such proof as the South Carolina state 
board of dental examiners may require ; and that he be of good moral char- 
acter. 

1946 (44) 2569. 

§ 5222-14. Registered apprentice serve under registered dental laboratory 
technician. — No registered apprentice, registered under the provision of this 



185 Code of Laws of South Carolina § 5222-18 

article shall operate a dental laboratory in this State but must serve his 
period of apprenticeship under the direct supervisions of a registered dental 
laboratory technician, as required by this article. 
1946 (44) 2569. 

§ 5222-15. Requirement practice as dental laboratory technician — qualifica- 
tions to be issued certificate of registration. — Any person to practice as a 
dental laboratory technician must have worked as a registered apprentice for 
a period of at least three (3) years under the direct supervision of a regis- 
tered dental laboratory technician, and this fact must be demonstrated to 
the state board of dental examiners by the sworn affidavit of three (3) regis- 
tered dental laboratory technicians, or such other methods of proof as the 
board may prescribe and deem necessary. A certificate of registration as a 
registered dental laboratory technician may be issued by the board to any 
person who is qualified under the provisions of this article, or who meets the 
following qualifications : 

(a) Who is qualified under provisions of § 5222-13. 

(b) Who is at least twenty-one (21) years of age. 

(c) Who has passed a satisfactory examination conducted by the state 
board of dental examiners, to determine his fitness to practice as a dental 
laboratory technician, such examination to be so prepared and conducted as 
to determine whether or not the applicant is possessed of the requisite skill 
in such trade to properly perform all the duties thereof, including the ability 
of the applicant to have a complete knowledge of the fabrication of prosthetic 
dental appliances in every and all manners which are requisite to the profes- 
sion itself. 

1946 (44) 2569. 

§ 5222-16. Examinations for certificate of registration. — The board shall 
conduct examinations of applicants for certificates of registration to practice 
as dental laboratory technicians and such examination shall be held at the 
regular meeting of the state board of dental examiners. Provided, that all 
applicants for said examination must be submitted to said board thirty (30) 
days before the date on which the examinations are to begin, giving qualifica- 
tions of the applicants with a fee of twenty-five ($25.00) dollars for said ex- 
amination. Provided, that the fee for registered apprentice shall be five 
($5.00) dollars. 
1946 (44) 2569. 

§ 5222-17. Refuse register applicants. — If the board is of the opinion that 
the applicant cannot be trusted to perform the duties of a dental laboratory 
technician, they may refuse to register the applicant even though he has sat- 
isfied all other requirements. 
1946 (44) 2569. 

§ 5222-18. Certificates — issuance — display. — Whenever the provisions of this 
article shall have been complied with the board may issue or have issued a 
certificate of registration as a registered dental laboratory technician or as a 
registered apprentice, as the case may be. The certificate so issued shall be 



§ 5222-18 1946 Supplement 186 

displayed by the recipient thereof in a conspicuous manner at his place of 
business. 

1946 (44) 2569. 

§ 5222-19. Nonresidents moving in this State. — Persons who have practiced 
as a dental laboratory technician in another State and who move into this 
State, shall give proof of equivalent training and demonstrate their fitness to 
the state board of dental examiners, by way of examination, as herein pro- 
vided, before they will be issued a certification of registration to practice as 
a dental laboratory technician, upon the payment of twenty-five ($25.00) 
dollars examination fee. 
1946 (44) 2569. 

§ 5222-20. Exemptions. — The following persons are exempt from the pro- 
visions of this article while engaged in the proper discharge of their duties: 
technicians employed by a practitioner of dentistry in his private office on a 
salary basis. 
1946 (44) 2569. 

§ 5222-21. Causes for refusal to issue or renew, suspension, or revocation of 
certificates. — The board will either refuse to issue or renew or may suspend 
or revoke any certificate of registration for any one or combination of the 
following causes: 

1. Gross mal-practice or gross incompetenc3^ 

2. Advertising by means of knowingly false or deceptive statements to the 
profession. 

3. Accepting any work from the general public. 
1946 (44) 2569. 

§ 5222-22. Hear accused prior to refusal to issue or renew, suspend or revoke 
certificate, — The board may neither refuse to issue or refuse to renew, nor 
suspend or revoke any certificate of registration however, for any of the 
causes above shown unless the person accused has been given at least twenty 
(20) days notice in writing of the charge against him at a public hearing by 
the board. 

Upon hearing of any such proceedings the board may administer oaths and 
procure by subpoena the attendance of witnesses and the production of rele- 
vant books and papers. 

1946 (44) 2569. 
§ 5222-23. Penalties. — Each of the following constitutes a misdemeanor, pun- 
ishable upon conviction by fine of not less than twenty-five ($25.00) dollars, 
not more than one hundred ($100.00) dollars. 

l.The violation of any of the provisions of § 5222-11. 

2. Permitting any person in one's employ, supervision, or control to prac- 
tice as an apprentice unless that person has a certificate of registration as a 
registered apprentice. 

3. Obtaining or attempting to obtain a certificate of registration for money 
other than the required fee, or any other thing of value or by fraudulent mis- 
representation. 



187 Code of Laws of South Carolina § 5242 

4. Practicing or attempting to practice by fraudulent misrepresentation. 

5. Willful failure to display certificate of registration as required by this 
article. 

6. The willful and the continued violation of the reasonable rules and regu- 
lations adopted by the state board of dental examiners for the conduct of 
laboratories and dental laboratory technicians. 

1946 (44) 2569. 

§ 5222-24. Records — inspect laboratories. — The board shall keep a record 
of its proceedings relating to the issuance, refusal, renewal, suspension and 
revocation of certificates of registration. This record shall be open to public 
inspection at all reasonable times. All laboratories shall be open to inspection 
by a representative of the state board of dental examiners at any time. 
1946 (44) 2569. 

§ 5222-25. Invalidity. — If any section of this article shall be declared uncon- 
stitutional for any reason the remainder of this article shall not be affected 
theveby. 

1946 (44) 2569. 

§ 5231-34. Qualifications take examination. 

See this section in 1944 Supplement. 

§ 5232. Practice of optometry defined. — Any person shall be deemed to be 
practicing optometry within the meaning of this article who shall display a 
sign, or in any way advertise as an optometrist, or who shall employ any 
means, other than the use of drugs, for the measurement of the powers of 
vision, or the adaptation of lenses, for the aid thereof, or who shall in the 
sale of spectacles or eye-glasses or lenses, use in the testing of the eye there- 
for, lenses other than lenses actually sold, or who examines the human eye 
by the employment of any subjective or objective physical means, without the 
use of drugs, to ascertain the presence of defects or abnormal conditions for 
the purpose of relieving the same by the use of lenses, prisms, or other phys- 
ical or mechanical means, or who practices orthoptics or who prescribes or 
fits contact lenses. 

1946 (44) 1385. 

Portion in italics added by 1946 p 1385. This section replaces § 5232, 1942 Code. 

§ 5241-1. Optometrists make visual tests and give optometric care of the eye, 
and report thereon, when such required by law. — Whenever it is now or may 
hereafter be required by law that a visual test of the eye be made or opto- 
metric care of the eye be required of any person by any school or collge, state 
or county board or other agency of the government, such test or care may 
be made or had by an optometrist duly licensed in this State. When any per- 
son is required to furnish evidence of visual efi'iciency or report of any such ^ 
optometrist shall be a compliance with the law requiring such certificate or 
report. 

1945 (44) 334. 

§ 5242. Board — compensation — expenses — disposition of funds — report. — Out 

of the funds coming into possession of said board each member shall receive 



§ 5242 1946 Supplement 188 

as compensation the sum of ten dollars and expenses for each day actually 
engaged in the duties of his office, and mileage at five cents per mile for all 
distances necessarily traveled in going to and from the meetings of the board. 
Said expenses shall be paid from the fees and licenses received by the board 
under the provisions of this article, and no part of the salary or other ex- 
penses of the board shall ever be paid out of the state treasury. All money 
received in excess of said per diem allowance and mileage, as above provided 
for, shall be held by the secretary and treasurer as a special fund for meeting 
the expenses of said board, and any otlier expense that the board may deem 
wise for the promotion or advancement of the profession and carrying out 
the provisions of this article, and he shall give such bond as the board shall 
from time to time direct ; and the said board shall make an annual report of 
its proceedings to the Governor on the first Monday in January of each year, 
which report shall contain an account of all moneys received and disbursed 
by them pursuant to this article. 

1945 (44) 334. 

1945 p 334 eliminated comma after board on line 1 and increased compensation and 
expenses of members. Above section replaces § 5242, 1942 Code. 

§ 5248. Exemptions — saving clause. — Nothing in this article shall be con- 
strued to apply to physicians authorized to pragtice under the laws of the 
State of South Carolina, in the due course of their private professional prac- 
tice, but they are not exempt from but are subject to the provisions of section 
5245, nor to persons who sell as merchandise from a regular established place 
of business ready-made eye-glasses or spectacles, provided, that the seller 
shall not aid the purchaser in the fitting thereof, provided, the provisions of 
this article shall not be construed to prevent persons who hold certificates 
at the time of the approval of this article from practicing from town to town, 
or from house to house, or place to place, but does apply to those commonly 
called peddlers, not holding certificates, who solicit from house to house. 

If any of the terms or provisions of sections 5232, 5245 and this section shall 
be declared unconstitutional or invalid such determination shall not be 
deemed to invalidate the remaining provisions and terms thereof. Physician 
as used in this section shall be construed to mean any person licensed to 
practice medicine under the provisions of article VII, Volume III. 

1945 (44) 367. 

Above section replaces §5248, 1942 Code. 

§ 5250-1. Persons license practice optometry in armed forces of U. S. in 
time of war or preparation therefor not forfeit licenses or registration- 
refunds — renew license or registration on discharge. 

See this section in 1944 Supplement. 
§ 5250-2. Qualifications of applicant for license practice chiropractic. 

See this section in 1944 Supplement. 

§ 5250-46. Rules and regulations — inspect shops and schools. 

See this section in 1944 Supplement. 
§ 5250-51. Penalties. 

See this section in 1944 Supplement. 



189 Code of Laws of South Carolina § 5266 

§ 5250-53. Fxirther exemptions. 

See this section in 1944 Supplement, 

§ 5266. License — application — fee — examination — register — display. — Every 
person desiring to engage in the practice of embalming dead human bodies 
within the State of South Carolina shall make a w^ritten application to the 
state board of embalming for license, accompanying the same with a license 
fee of fifteen ($15.00) dollars, whereupon the applicant, as aforesaid, shall 
present himself or herself before said board at a time and place fixed by said 
board, and if the board shall find, upon examination, that the apijlicant is of 
good moral character ; has completed a four year standard high school course 
of this or some other State of the American Union; possessed of skill and 
knowledge of embalming, anatomy and the care and disposition of the dead, 
and has a reasonable knowledge of sanitation and the disinfection of bodies 
of diseased persons, and the apartment, clothing and bedding in cases of 
death from infectious and contagious diseases, and has attended a school of 
embalming of recognized standards and merits as determined by said board, 
and taken a nine months' course therein and served with an embalmer hold- 
ing a license from the duly constituted authorities of any State for two 
years, the board shall issue to said applicant a license to practice embalming 
and the care and disposition of the dead, and shall register such applicant 
as a duly licensed embalmer. Such license shall be signed by a majority 
of the board and attested by its seal. All persons receiving a license under 
the provisions of this article shall also register the fact at the office of the 
board of health of the city, and where there is no board of health, with the 
clerk of the town, and where there is no clerk of the town, with the nearest 
magistrate, where it is proposed to carry on said practice, and shall display 
said license in a conspicuous place in the office of such licentiate ; provided, 
that any person who has engaged for three years in the practice of embalm- 
ing dead human bodies under a license issued by the duly constituted author- 
ities of any State, may appear for examination before the said state board 
and receive such license. If found entitled thereto under the provisions of 
statute whether such three months' course has been taken by him or her or 
not; and, provided, further, that all licenses heretofore or hereafter issued 
by the state board of embalming of this State shall terminate on the 30tli day 
of June of each 3'ear, but may be renewed on the day following by making 
payment of two dollars to said board therefor: provided, that persons who 
were then studying or had taken a three months' course in embalming prior 
to the passage of act No. 781 of the acts of 1930, wherein the time prescribed 
was increased from three months to six months, shall be permitted to stand 
the required examination, and upon satisfactorily passing such examination 
shall be licensed to practice embalming under the provisions of this section. 
Provided, further, that the method of examination to determine the fitness 
of applicants shall be the same in all cases. 

1946 (44) 1524. 

1946 p 1521 restricted qualifications become licensed embalmer. Above section 
replaces § 5266, 1942 Code. 



§ 5271-1 1946 Supplement 190 

§§ 5271-1 thru 5271-3. Building council of South Carolina. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abolished 
building council of South Carolina and devolved its duties on state research, planning 
and development board. 

§ 5271-6. State board of housing^. — Repealed hy 1945 Acts and Joint Resolu- 
tions (44- Statutes at Large) pages 156 thru 163. 

§ 5271-7. Officers and employees. — Repealed hy 1945 Acts and Joint Resolu- 
tions (44 Statutes at Large) pages 156 thru 163. 

§§ 5271-8 thru 5271-30. State housing law. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abolished 
state board of housing and devolved its duties and powers on state board of research, 
planning and development. 

§ 5271-31. Definitions. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abolished 
state board of housing and devolved its duties and povi^ers on state board of research, 
planning and development. 

See also this section in 1944 Supplement. 

§§ 5271-32 thru 5271-53. Further definitions, etc. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abolished 
state board of housing and devolved its duties and powers on state board of research, 
planning and development. 

§ 5271-54. Housing authorities in counties — territorial jurisdiction of hous- 
ing authorities. 

See this section in 1944 Supplement. 

See first note under § 5271-31 this supplement. 

§ 5271-55. Regional housing authority for two or more counties — procedure 

create and establish. 

See this section in 1944 Supplement. 

See first note under § 5271-31 this supplement. 

§ 5271-56. Commissioners of regional housing authority — appointment — va- 
cancy — removal — quorum act — report. 

See this section in 1944 Supplement. 

See first note under § 5271-31 this supplement. 

§ 5271-57. Duties and powers of regional housing authority — area of oper- 
ation. 

See this section in 1944 Supplement. 

See first note under § 5271-31 this supplement. 

§ 5271-57A. Increase area of operation — procedure. 

See this section in 1944 Supplement. 

See first note under § 5271-31 this supplement. 

§ 5271-57B. Decrease area of operation — procedure. 

See this section in 1944 Supplement. 

See first note under § 5271-31 this supplement. 

§ 5271-57C. Hold hearing on creation of regional housing authority, increase 
or decrease of area of operation — debts — establish county housing authority. 

See this section in 1944 Supplement. 

See first note under § 5271-31 this supplement. 



191 Code of Laws of South Carolina § 5271-60A 

§ 5271-58. County and regional housing authorities provide housing in rural 
areas for persons of low income — titles to dwellings — taxes — homestead ex- 
emption. — County housing authorities and regional housing authorities are 
empowered to borrow money, accept grants and exercise their other powers 
to provide housing for persons of low income on farms or in other areas out- 
side of cities. With respect to such housing, county and regional housing 
authorities shall not be subject to the limitations provided in clause (c) of 
section 5271-42. Any such housing authority may rent, sell, or make loans 
to finance the cost of such housing, and make or accept such conveyances, 
purchase agreements or leases as it deems necessary to assure the achieve- 
inent of the objectives of this article. Such leases, agreements or conveyances 
may include such covenants as the housing authority deems appropriate 
regarding the housing and the tracts of land described in any such instru- 
ment, which covenants shall be deemed to run with the land where the housing 
authority deems it necessary and the parties to such instrument so stipulate. 
Nothing contained in this section shall be construed as limiting any other 
powers of any housing authority. 

Such persons of low income on farms or in other areas outside of cities shall 
be persons or families whose average net income is less than the amount 
which is necessary (as determined by the authority operating in that area) 
to enable them, Avithout financial assistance, to obtain or provide themselves 
with decent, safe and sanitary housing. 

Until a purchaser makes full payment for a dwelling which is constructed 
by an authority on a farm, such dwelling shall continue to be the property 
of the authority regardless of the title to the land on Avhich it is constructed, 
and such dwelling shall be exempt from taxation in the same manner as other 
property of the authority. Any document making land available for use by 
an authority shall be admitted to record, and accordingly constitute notice, 
in the same manner as a deed or other instrument relating to real estate. 

When an authority provides a dwelling on a farm hereunder, the owner of 
the farm living in the dwelling under a lease or purchase agreement shall 
be entitled to receive the same homestead exemption as if he had title to the 
dwelling. 

1946 (44) 1425. 

Above section replaces § 5271-58 in 1942 Code and 1944 Supplement. 

See last paragraph in § 5271-62. 

See also first note under § 5271-31 this supplement. 

§ 5271-59. Landowners file applications for construction of dwellings for 
persons who farm lands. 

See also first note under § 5271-31 this supplement. 

§ 5271-60. Housing authorities cooperate with one another. 

See this section in 1944 Supplement. 

See also first note under § 5271-31 this supplement. 

§ 5271 -60 A. Municipalities create consolidated housing authority. 

See this section in 1944 Supplement. 

See also first note under § 5271-31 this supplement. 



§ 5271-60B 1946 Supplement 192 

§ 5271-60B. Housing authority for city may act in another municipality. 

See this section in 1944 Supplement. 

See also first note under § 5271-31 this supplement. 

§ 5271-60C. Contract with U. S.— terms. 

See this section in 1944 Supplement. 

See also first note under § 5271-31 this supplement. 

§ 5271-60D. Cumulative — term of certain commissioners — acts not affect. 

See this section in 1944 Supplement. 

See first note under § 5271-31 this supplement. 

§ 5271-60E. Invalidity. 

See this section in 1944 Supplement. 

See also first note under § 5271-31 this supplement. 

§ 5271-61. Severability. 

See first note under § 5271-31 this supplement. 

§ 5271-62. Housing authority study and report on housing. — In addition to 
all its other powers, a housing authority may, Avithin its area of operation, 
undertake and carry out studies and analyses of the housing needs, and of 
the meeting of such needs (including data with respect to population and 
family groups and the distribution thereof according to income groups, the 
amount and quality of available housing and its distribution according to 
rentals and sales prices, employment, wages and other factors affecting the 
local housing needs and the meeting thereof) and make the results of such 
studies and analyses available to the public and the building, housing and 
supply industries ; and may also engage in research and disseminate informa- 
tion on the subject of housing. 

The powers conferred by §§ 5271-58 and 5271-G2 shall be in addition and 
supplemental to the powers conferred by any other law. 
1946 (44) 1425. 

§§ 5271-71 thru 5271-78. Housing Cooperation Law. 

See first note under § 5271-31 this supplement. 

§§ 5271-81 thru 5271-90. Cities over 5,000 adopt ordinances relating to repair, 
closing and demolition of dwellings unfit for human habitations. 

See first note under § 5271-31 this supplement. 

ARTICLE 5-A 

Redevelopment Law 

§ 5271-90A. Redevelopment Law. — This article may be referred to as the 
' * Redevelopment Law. ' ' 
1946 (44) 1450. 

§ 5271-90B. Legislative findings. — It is hereby found and declared (a) that 
there exists in many communities within this State blighted areas (as defined 
herein) or areas in the process of becoming blighted; (b) that such areas 



193 Code of Laavs of South Carolina § 5271-90C 

impair economic values and tax revenues ; that such areas cause an increase 
in and spread of disease and crime and constitutes a menace to the health, 
safety, morals and welfare of the residents of the State, that these condi- 
tions necessitate excessive and disproportionate expenditures of public funds 
for crime prevention and punishment, public health and safety, fire and 
accident protection, and other public services and facilities; (c) that the 
clearance, replanning and preparation for rebuilding of these areas, and 
the prevention or the reduction of blight and its causes, are public uses 
and purposes for which public money may be spent and private property 
acquired and are governmental functions of state concern; (d) that there 
are also certain areas where the condition of the title, the diverse ownership 
of the land to be assembled, the street or lot layouts, or other conditions 
prevent a proper development of the land, and that it is in the public in- 
terest that such areas, as well as blighted areas, be acquired by eminent 
domain and made available for sound and wholesome development in ac- 
cordance with a redevelopment plan, and that the exercise of the power of 
eminent domain and the financing of the acquisition and preparation of 
land by a public agency for such redevelopment is likewise a public use 
and purpose; (e) that redevelopment activities will stimulate residential 
construction which is closely correlated with general economic activity ; and 
that such undertaking authorized b}- this article will aid the production of 
better housing and more desirable neighborhood and community development 
at lower costs and will make possible a more stable and larger volume of 
residential construction, which will assist materially in achieving and main- 
taining full employment ; and (f ) that it is in the public interest that ad- 
vance preparation for such projects and activities be made now, and that 
the necessity in the public interest for the provisions hereinafter enacted is 
hereby declared as a matter of legislative determination. 
1946 (44) 1450. 

§ 5271-90C. Redevelopment projects housing authorities carry out. — Any 

housing authoritj' now or hereafter established pursuant to chapter 121-A, 
article 3, (hereafter called the "Housing Authorities Law") and any amend- 
ments thereto, may carry out any work or undertaking (hereafter called a 
"redevelopment project"): 

(1) to acquire blighted areas, which are hereby defined as areas (including 
slum areas) with buildings or improvements which, by reason of dilapidation, 
obsolescence, overcrowding, faulty arrangement or design, lack of ventila- 
tion, light and sanitary facilities, excessive land coverage, deleterious land or 
obsolete layout, or any combination of these or other factors, are detrimental 
to the safety, health, morals, or welfare of the community : 

(2) to acquire other real property for the purpose of removing, prevent- 
ing, or reducing blight, blighting factors or the causes of blight : 

(3) to acquire real property where the condition of the title, the diverse 
ownership of the real property to be assembled, the street or lot layouts, 
or other conditions prevent a proper development of the property and where 



§ 5271-90C 1946 Supplement 194 

the acquisition of the area by the authority is necessary to carry out a re- 
development plan; 

(4) to clear any areas acquired and install, construct, or reconstruct streets, 
utilities, and site improvements essential to the preparation of sites for uses 
in accordance with the redevelopment plan; 

(5) to make land so acquired available to private enterprise or public 
agencies (including sale, leasing, or retention by the authority itself) in 
accordance with the redevelopment plan; or 

(6) to accomplish any combination of the foregoing to carry out a redevel- 
opment plan. 

1946 (44) 1450. 

§ 5271-90D. Powers of authorities in undertaking such projects. — In under- 
taking such redevelopment projects a housing authority shall have all the 
rights, powers, privileges and immunities that such authority has under the 
Housing Authorities Law and any other provision of law relating to slum 
clearance and housing projects for persons of low income (including, without 
limiting the generality of the foregoing, the power to make and execute con- 
tracts, to issue bonds and other obligations and give security therefor, to 
acquire real property by eminent domain or purchase, and to do any and all 
things necessary to carry out projects) in the same manner as though all 
the provisions of law applicable to slum clearance and housing projects were 
applicable to redevelopment projects undertaken under this article; provided, 
that nothing contained in sections 5271-41 and 5271-42 of the Housing Au- 
thorities Law shall be construed as limiting the power of an authority, in the 
event of a default by a purchaser or lessee of land in a redevelopment plan 
to acquire property and operate it free from the restrictions contained in 
said sections. 
1946 (44) 1450. 

§ 5271-90E. Municipality approve redevelopment plan before housing au- 
thority initiate project. — An authority shall not initiate any redevelopment 
project under this article until the governing body (or planning or other 
public agency designated by it or empowered by law so to act) of each city 
or town (hereinafter called "municipalities") in which any of the area 
to be covered by said project is situated, has approved a plan (herein called 
the "redevelopment plan") which provides an outline for the development 
or redevelopment of said area and is sufficiently complete (1) to indicate its 
relationship to definite local objectives as to appropriate land uses and im- 
proved traffic public transportation, public utilities, recreational and com- 
munity facilities and other public improvements; (2) to indicate proposed 
land uses and building requirements in the area; and (3) to indicate the 
method for the temporary relocation of persons living in such areas; and 
also the method for providing (unless already available) decent, safe and 
sanitary dwellings in the locality substantially equal in number to the number 
of substandard dwellings to be cleared from said area, at rents within the 
financial reach of the income groups displaced from such substandard dwell- 



195 Code of Laws of South Carolina § 5271-901 

ings. Such municipalities are hereby authorized to approve redevelopment 
plans through their governing body or agency designated by it for that 
purpose. 

1946 (44) 1450. 

§ 5271-90F, State public body under Housing Cooperation Law assist hous- 
ing authority in project. — Any state public body, as defined in the Housing 
Cooperation Law chapter 121-A, article 4, and any amendments thereto, shall 
have the same rights and powers to cooperate with and assist housing author- 
ities with respect to redevelopment projects that such state public body has 
pursuant to such law for the purpose of assisting the development or admin- 
istration of slum clearance and housing projects in the same manner as though 
the provisions of the Housing Cooperation Law were applicable, to redevelop- 
ment projects undertaken under this article. 
1946 (44) 1450. 

§ 5271-90G. Make lands in project available for private or public use. — 

The authority may make land in a redevelopment project available for use 
by private enterprise or public agencies in accordance with the redevelop- 
ment plan. Such land may be made available at its fair value, which repre- 
sents the value (whether expressed in terms of rental or capital price) at 
which the authority determines such land should be made available in order 
that it may be developed or redeveloped for the purpose specified in such 
plan. 

To assure that land acquired in a redevelopment project is used in accord- 
ance with the redevelopment plan, and authority, upon the sale or lease of 
such land, shall obligate purchasers or lessees : 

(1) to use the land for the purpose designated in the development plan: 

(2) to begin the building of their improvements within a period of time 
which the authority fixes as reasonable ; and 

(3) to comply with such other conditions as are necessary to carry out the 
purposes of this article. Any such obligations by the purchaser shall be cove- 
nants and conditions running with the land where the authority so stipulates. 

1946 (44) 1450. 

§ 5271-90H. Tax property leased for private use. — Any property Avhich the 
authority leases to private corporations, individuals or partnerships for de- 
velopment under a redevelopment plan shall have the same tax status as if 
such leased property were owned by such private corporations, individuals 
or partnerships. 
1946 (44) 1450. 

§ 5271-901. Borrow — gifts. — An authority may borrow money or accept con- 
tributions from the federal government to assist in its undertaking redevel- 
opment projects. An authority may do any and all things necessary or de- 
sirable to secure financial aid (including obligating itself in any contract 
with the federal government for annual contributions to convey to the federal 
government the project to which said contract relates upon the occurance of 
a substantial default thereunder), in the same manner as it may do to secure 



§ 5271-901 1946 Supplement 196 

such aid in connection Avitli slum clearance and housing projects under the 
provisions of the Housing Authorities Law. 
1946 (44) 1450. 

§ 5271-90J. Obligations as security for deposits or investments.— Bonds or 

other obligations issued by a housing authority in connection with a redevel- 
opment project pursuant to this article shall be security for public deposits 
and legal investments to the same extent and for the same persons, institu- 
tions, associations, corporations, and other bodies and officers as bonds or 
other obligations issued pursuant to the Housing Authorities Law in con- 
nection with the development of slum clearance or housing projects. 
1946 (44) 1450. 

§ 5271-90K. Advisory board.— For the purpose of coordinating its activities 
and undertakings under this article witii the needs and undertakings of 
other local organizations and groups, a housing authority may establish an 
advisory board consisting of the chairman of the authority (who shall be 
chairman of the advisory board) and of sufficient members to represent so 
far as practicable : the general public and consumers of housing ; general 
business interest; real estate, building and home financing interests; labor; 
any official planning body in the locality; and church and welfare groups. 
The members of the advisory board shall be appointed by the chairman of 
the authority. 
1946 (44) 1450. 

§ 5271-90L. Powers herein additional. — The powers conferred by this article 
shall be in addition and supplemental to the powers conferred by any other 
law. 

1946 (44) 1450. 
§ 5271-90M. Invalidity. — Notwithstanding any other evidence of legislative 
intent, it is hereby declared to be the controlling legislative intent that if 
any provision of this article, or the application thereof to any person or cir- 
cumstances, is held invalid, the remainder of the article and the application 
of such provisions to persons or circumstances other than those as to which 
it is held invalid, shall not be affected thereby. 

1946 (44) 1450. 
§ 5271-90N. Eifect on other laws. — Insofar as the provisions of this article 
are inconsistent with the provisions of any other law, the provisions of this 
article shall control. 

1946 (44) 1450. 

§ 5283-1. State department of education cooperate with U. S. in administer- 
ing educational program for care of certain children of working mothers. 
See this section in 1944 Supplement. 

§ 5286. Commission operate rental system for school text-books in certain 
counties and school districts — institutions of higher learning establish text- 
book rental systems — commission furnish library books — school districts or 
counties acquire — library committee — audio-visual equipment for public 
schools. — " * * Provided, further, that the state school book commission is 
hereby authorized, empowered and directed to provide audio-visual equip- 



197 Code of Laws of South Carolina § 5355 

ment, including films and motion picture projectors, for use in the free public 
schools of South Carolina, on either state rental plan or library purchase plan. 

1945 (44) 266. 

1945 p 266 added above proviso and slightly changed punctuation in section as 
stated in 1942 Code. 

§ 5316. County board of education — personnel — appointment. 

See this section in 1944 Supplement. 

§ 5319. Divide counties into school districts — procedure — areas. — * * * 

(a) No school district in Oconee County shall be consolidated with another 
except upon a majority favorable vote of the qualified electors in each school 
district to be affected. The election shall be called and held in each school 
district affected as now provided by law for special elections in school dis- 
tricts. 

1945 (44) 70. 

Provided, the area of all school districts in the county of Bamberg shall be 
such as may be prescribed by the county board of education of said county. 

1946 (44) 1430. 

1945 p 70 added first proviso above. 1946 p 1430 added 2nd proviso above. 

§ 5330. School districts may levy special school taxes. — * * * 

Provided that any school district or districts in the county of Horry may 
levy not to exceed twenty-two (22) mills upon all of the taxable property 
of such school district or districts upon written petition and election to be 
held in the manner and form hereinbefore set out in the first paragraph of 
this section. 

1946 (44) 1419. 

1946 p 1419 added above proviso and slightly changed punctuation as section is 
stated in 1942 Code. 

§ 5343. School trustees — appointment — election — terms — duties. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 200 and 201 elimi- 
nated "and Bamberg County" in the last line of this section in 1942 Code. 
See also this section in 1944 Supplement. 

§ 5355. Claims against fund support schools — execution — approval. — Ail 

claims of every description whatsoever, which are chargeable .against the 
fund raised for the support of the free public schools of the State, except 
such as are otherwise provided for by law, must be signed by at least a 
majority of the board of trustees of the school district against which the 
claims are chargeable ; and the correctness and legality of the same shall be 
sworn to and subscribed by the person presenting such claim before it shall 
be approved by the person or persons authorized by law to give such ap- 
proval ; provided, that in each school district in Charleston County, except 
School district No. 20, comprising the city of Charleston, the school trustees 
of such district shall file with the county superintendent of education of said 
county monthly, on forms to be furnished by him, a statement signed bj a 
majority of said trustees showing in itemized form the payroll of the district 
and all other claims, with bills for the same attached, and the county super- 
intendent of education, when he has approved such statement, shall draw war- 
rants on the county treasurer against the funds of the district for the pay- 



§ 5355 1946 Supplement 198 

ment of the items shown on such statement, and shall deliver to the said 
trustees within thirty days a duplicate of the warrants so drawn, and said 
warrants shall be paid by said county treasurer when presented. School 
trustees and county superintendents of education shall, free of charge, ad- 
minister oaths to persons presenting the claims contemplated in this section. 
The oath required in this section may be administered by any person author- 
ized to administer oaths either within or without the State ; provided, that in 
each school district in Beaufort County, the school trustees of such district 
shall file with the county superintendent of education of said county monthly, 
on forms to be furnished by him, a statement signed by a majority of said 
trustees showing in itemized form the payroll of the district and all other 
claims, with bills for the same attached, and the county superintendent of 
education shall draw warrants on the county treasurer against the funds 
of the district for the payment of the items shown on such statement, and 
shall deliver to the said trustees within thirty days a duplicate of the war- 
rants so drawn, and said warrants shall be paid by said county treasurer when 
presented. 

1943 (43) 2; 1946 (44) 1383. 

1943 p 2 and 1946 p 1383 changed punctuation, substituted "by" for "in" on line 21, 
and added 2 provisos above. Above section replaces § 5355 in 1942 Code and 1944 
Supplement. 

§ 5356. County superintendent approve school warrants. — Any and all school 
warrants issued by any board of school trustees against any public school 
fund shall not be paid by the county treasurer or other officer having the 
custody of such fund until the warrant has been approved by the county 
superintendent of education of the county in which said warrant is drawn: 
provided, that in all counties in this State containing a city having a popula- 
tion of more than sixty thousand and less than seventy thousand according 
to the official United States census, the county superintendent of education 
of the county, may, in writing, designate an employee of his office to counter- 
sign in his name said school warrants and this written authority and the 
employee's signature of the county superintendent shall be filed with the 
treasurer of said county. 

1946 (44) 1563. 

1946 p 1563 added proviso and slightly changed punctuation. Above section replaces 
§ 5356 in 1942 Code. 

§ 5358. Additional powers and duties of school trustees. 
See this section in 1944 Supplement. 

§ 5368. Disbursement of school funds. 

See this section in 1944 Supplement. 

§ 5373-1. School lunches. 

See this section in 1944 Supplement. 

§ 5375. Age of attendance. — It shall not be lawful for any person who is 
less than six or more than twenty-one years of age to attend any of the free 
public schools of this State: provided, however, that the maximum limit of 
twenty-one years shall not apply to night schools, and persons over that age 



199 ■ Code of Laws of South Carolina § 5512-1 

may attend such night schools. Provided, further, that where a pupil is in 
the graduating class and becomes twenty-one (21) years of age before grad- 
uation, such pupil may be and is hereby permitted to complete the said term 
if otherwise qualified to do so. Provided, further, that the restrictions in this 
section as to age limit may be waived by the local board of school trustees 
in any proper case. 

1945 (44) 188. 

Last proviso added by 1945 p 188. Above section replaces § 5375 in 1942 Code. 

§ 5426. Additional taxes — special levies. — * * * Provided, further, that in 
Pelzer school district No. 22 in Anderson County there is hereby levied on all 
taxable property in said district a tax of eight (8) mills and in Williamston 
school district No. 20 in Anderson County, there is hereby levied on all taxable 
property in said district a tax of four (4) mills and the tax derived from 
such levies shall be used for school purposes in the respective districts in 
which such tax is collected. 

1945 (44) 207. 

1945 p 207 amended proviso in this section relating to the above stated school 
districts as above stated. 

§ 5432. State aid to public schools offering special courses to veterans under 
title II, chapter IV, Public Law 346, 78th Congress. — In all free public schools 
of this State, offering special full time courses of instruction, education or 
vocational training to honorably discharged veterans pursuant to the pro- 
visions of title II, chapter IV, Public Law 346, 78th Congress, approved June 
22, 1944, the teachers of such courses may qualify for state aid for salaries 
of such teachers on the following basis; an enrollment of fifteen (15) and an 
average attendance of ten (10) shall be necessary for each teacher. Provided, 
that where less than fifteen (15) are enrolled the teacher may qualify for 
state aid in the proportion that the enrollment and average attendance bear 
to the enrollment and average attendance required for the full salary of a 
teacher. Provided, however, that the enrollment and average attendance of 
such special courses shall not be counted as a part of the enrollment and 
average attendance of the regular public school program, or vice versa. 

The funds required for teachers or instructors of such courses shall be 
paid from federal funds or funds secured under provisions of Public Law 346, 
78th Congress, approved June 22, 1944 and amendments thereto. 

1945 (44) 303. 

ARTICLE 11-A 

State Radio Council 

§ 5512-1. Members. — There is hereby created the state radio council com- 
posed of the following members : the Governor, the state superintendent of 
education, two representatives each of Clemson College, Winthrop College, 
and the University of South Carolina, one representative each of the other 
state colleges, which shall be named by the presidents, the head of the voca- 
tional education department, the chairman of the radio educational commit- 



§ 5512-1 1946 Supplement 200 

tee of the South Carolina education association, the director of the state re- 
search, planning and development board, one representative of the state 
board of education, to be appointed by the state board of education, and 
chairman of the House and of the Senate education committees. 
1946 (44) 2597. 

§ 5512-2. Duties and powers. — The council shall survey the State's needs for 
education radio : the types of programs, courses and materials suitable for 
broadcasting, sources of programs and production ; location, management and 
operation of stations along with the necessary facilities and equipment ; the 
minimum number of stations needed for state-wide coverage ; and moreover 
make such other surveys, studies and investigations as fall within the field 
of development of educational radio for South Carolina; to furthermore 
utilize the services and resources of the state research, planning and devel- 
opment board insofar as possible and practical ; to apply for and accept gifts 
and grants for planning, construction and development if and when necessary ; 
to make reports of findings, plans and recommendations to the next regular 
session of the General Assembly of South Carolina, and to make application 
for FM frequencies for educational purposes. 
1946 (44) 2597. 

§ 5512-3, Officers — meetings. — The council shall elect a chairman from among 
its members and shall hold at least two meetings a year. 
1946 (44) 2597. 

Abbeville County 

§ 5515. Trustees — nomination — appointment. — Repealed hy 294-i- Acts and 
Joint Resolutions (IiS Statutes at Large) page 2293. 

§ 5515-2. Calhoun Falls school district No. 9. 
See this section in 1944 Supplement. 

Aiken County 

§ 5516. Board of education. 

See this section in 1944 Supplement. 

§ 5518. Trustees for certain school districts. 

See this section in 1944 Supplement. 

§ 5518-1. Aiken school district No. 1 — trustees. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1311 thru 1313 
amended subsection 1 hereof and repealed subsections 6 and 7 hereof. 

§ 5518-lA. Trustees to declare teacher or employee secondary, Aiken School 
district No. 1 — service secondary teacher or employee render — pay. 

See this section in 1944 Supplement. 

§ 5518-5. Progressive school district No. 10. 
See this section in 1944 Supplement. 



201 Code of Laws of South Carolina § 5539 

§ 5518-6. Retire certain teachers and employees, Gregg school district No. 22. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 83 and 
84 make up this section. See same for contents. 

§ 5519-1. Langley-Bath Clearwater centralized high school district No. 6. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1556 
thru 1558 make up this section. See same for contents. 

§ 5522-2. Use certain surpluses — investment of funds. 

See this section in 1944 Supplement. 

Bamberg County 

§ 5530. Olar school district No. 8 — trustees. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 203 and 204 and 1946 
Acts and Joint Resolutions (44 Statutes at Large) pages 1330 and 1331 make up this 
section. Said provisions supersede this section in 1942 Code and 1944 Supplement. 

§ 5530-3. Bamberg school district 14. 

(1) Trustees. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 202 and 
203 make up subsection 1 of this section. See same for contents. 

(2) Nonresident pupils. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1443 
and 1444 make up subsection 2 of this section. See same for contents. 

§ 5530-11. Bamberg County public library board. 

(1) Appointment — term — vacancy. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 316 and 317 amended 
subsection 1. See same for changes made. 



Barnwell County 
§ 5531. Levy taxes in school districts to liquidate indebtedness. 

See this section in 1944 Supplement. 

§ 5531-1. School districts not borrow unless authorized — levy taxes pay debts. 

See this section in 1944 Supplement. 

§ 5533-2. Blackville high school district, Healing Springs school district No. 
10, Blackville school district No. 19, Double-Pond school district No. 20, and 
Ashleigh school district No. 24 — ^trustees. 

See this section in 1944 Supplement. 

§ 5533-7. Tinker Creek school district — trustees. 

See this section in 1944 Supplement. 

Berkeley County 

§ 5539. Enrollment of school children. 

See this section in 1944 Supplement. 



§ 5540-1 1946 Supplement 202 

§ 5540-1. High school district No. 10, School district No. 19, and School dis- 
trict No. 16 — trustees. 

1946 Acts and Joint Resolutions (44 cies. See same for changes made. Said 

Statutes at Large) pages 1562 and 1563 provisions superseded 1942 Acts and Joint 

amended this section so as to provide for Resolutions (42 Statutes at Large) pages 

election of school trustees if petitioned 1662 and 1663. 
therefor, their terms, and filling of vacan- 

§ 5540-3. Cross high school district — trustees. 
See this section in 1944 Supplement. 

Calhoun County 

§ 5543. Trustees, Sandy Run school district No. 2. — Repealed by 1944 ^cis 
and Joint Resolutions (43 Statutes at Large) pages 1303 and 1304. 

Charleston County 

§ 5544. Board of education. 

See this section in 1944 Supplement. 

§ 5544-10. Investment of permanent improvement school district funds. 

See this section in 1944 Supplement. 

§ 5545-1. Budgets. 

See this section in 1944 Supplement. 

§ 5547. Parks and playgrounds, James Island school district No. 3. 

See this section in 1944 Supplement. 

§ 5547-1. Parks and playgrounds, School district No. 10. — Repealed hy 1943 
Acts and Joint Resolutions (44 Statutes at Large) pages 360 thru 362. 
See 1944 Supplement. 

Cherokee County 
§ 5549. Textbooks. 

(5) Funds for free textbooks. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1477 
amended subsection 5 of this section. See same for contents. 

§ 5550-1. Chesnee high school district No. 94, Cherokee and Spartanburg 

Counties — trustees. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 332 
thru 334 make up this section. See same for contents. 

§ 5551-1. Public library. 

See this section in 1944 Supplement. 

Chester County 
§ 5552-1. Textbooks. 

See this section in 1944 Supplement. 
§ 5552-2. Books and clothing for certain school children. 
See this section in 1944 Supplement. 



203 Code of Laws of South Carolina § 5565-13 

§ 5552-2A. Free textbooks for pupils in first seven grades. 

See this section in 1944 Supplement. 

§ 5553-1 A. Secretary to superintendent of education execute pay warrants. 
See this section in 1944 Supplement. 

§ 5555. Chester County free public library. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1361 thru 1363 
repealed § 5555, 1942 Code, and said repealing provisions make up present § 5555. 
See same for contents. 

Chesterfield County 

§ 5556. Transportation of school children. 

See section 5556-4 this supplement. 

§ 5556-3. Budgets — expenditures — teachers' salaries — contracts — claims — 

vouchers. 

Provisions of 1942 Acts and Joint Reso- 1368 and 1369 provide for budget system 
lutions (42 Statutes at Large) pages 1687 for Chesterfield County and further ad- 
thru 1689 and 1946 Acts and Joint Reso- ministration of its public schools. See 
lutions (44 Statutes at Large) pages same for contents. 

§ 5556-4. Board of education — ^finances — contracts transport children. 

Provisions of 1945 Acts and Joint Res- Resolutions (44 Statutes at Large) pages 
olutions (44 Statutes at Large) pages 1367 and 1368 make up this section. See 
243 thru 254 and 1946 Acts and Joint same for contents. 

§ 5558-1. Chesterfield school district No. 18 — trustees. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 294 
thru 296 make up this section. See same for contents. 

§ 5559-2. McBee centralized high school district No. 16 — trustees. 
See this section in 1944 Supplement. 

Clarendon County 

§ 5562-A. Trustees, Jordan school district No. 5. 
See this section in 1944 Supplement. 

§ 5562-lA. Holliday school district No. 10 — trustees. 

See this section in 1944 Supplement. 

§ 5562-5A. Deep Creek school district No. 34. 

See this section in 1944 Supplement. 

§ 5562-10. St. Mark school district No. 6— trustees. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1336 
and 1337 make up this section. See same for contents. 

Colleton County 

§ 5564-1. Repair and replacement of school buses. 

See this section in 1944 Supplement. 
§§ 5565-1 thru 5565-13. School finances and system. 
See this section in 1944 Supplement. 



§ 5566-7 1946 Supplement 204 

§ 5566-7. Cottageville school district No. 23 — trustees. 

See this section in 1944 Supplement. 

§ 5566-20. Rural library board. 

Provisions of 1943 Acts and Joint Resolutions (43 Statutes at Large) pages 219 
and 220 and 1945 Acts and Joint Resolutions (44 Statutes at Large) page 55 make 
up this section. See same for contents. 

Darlington County 

§ 5568. Provisions for election and appointment of school trustees eliminated. 

See this section in 1944 Supplement. 

Dillon County 

§ 5574-1. Hillsboro school district No. 23. 
See this section in 1944 Supplement. 

Dorchester County 

§ 5579-2. School district No. 8. 

See this section in 1944 Supplement. 

Fairfield County 

§ 5586. Library commission. 

See this section in 1944 Supplement. 

Florence County 

§ 5589-A. Qualifications vote in mass meetings elect trustees, School dis- 
tricts Nos. 4, 8, 12, 13, 18, 19, 21, 27, 35, 38, 39, 47, 49, 51, 55 and 56. 

See this section in 1944 Supplement. 

§ 5589-1. Mars Bluff school district No. 4 and Pamplico school district No. 
19 — trustees. 

See this section in 1944 Supplement. 

§ 5589-2. Salem school district No. 8 — trustees. 
See this section in 1944 Supplement. 

§ 5589-2A. Morrill school district No. 10 — trustees, number. 

See this section in 1944 Supplement. 

§ 5589-3. Sardis school district No. 12 — trustees. 
See this section in 1944 Supplement. 

§ 5589-4. Ebenezer school district No. 13 — trustees. 

See this section in 1944 Supplement. 

§ 5589-4A. Glenwood school district No. 15 — trustees. 

See this section in 1944 Supplement. 
§ 5589-6. Hannah school district No. 18 — trustees. 

See this section in 1944 Supplement. 



205 Code op Laavs op South Carolina § 5595-8 

§ 5589-8. Olanta school district No. 21, and Lake City school district No. 47 — 
trustees — appointment. 

See this section in 1944 Supplement. 

§ 5589-9. Oak Grove school district No. 22 — trustees. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1357 and 1358 
repealed § 5589-9, 1942 Code and said repealing provisions make up present section 
5589-9. See same for contents. 

§ 5589-10. Othello school district No. 27 and Scranton school district No. 49 — 
trustees. 

See this section in 1944 Supplement. 

§ 5589-12. School district No. 35— trustees. 

See this section in 1944 Supplement. 

§ 5589-13. Cartersville school district No. 38 — trustees. 

See this section in 1944 Supplement. 

§ 5589-14. Coward school district No. 39 — trustees. 

See this section in 1944 Supplement. 

§ 5589-16. Glendale school district No. 51 — trustees. 

See this section in 1944 Supplement. 

§ 5589-16A. Leo school district No. 53 — trustees. 

See this section in 1944 Supplement. 

§ 5589-17. Johnsonville school district No. 55 — trustees — election. 

See this section in 1944 Supplement. 

§ 5589-18. Vox school district No. 56 — trustees. 

See this section in 1944 Supplement. 

§ 5589-19. Friendfield school district No. 41 — trustees. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) page 201 
make up this section. See same for contents. 

Greenville County 

§ 5594-2. Probate judge pay board of education fees from sale of marriage 
licenses. 

See this section in 1944 Supplement. 

§ 5594-3. Tax levies for general school purposes in school districts. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1501 
thru 1503 make up this section. See same for contents. 

§ 5595-8. School district of the city of Greenville. 

Subsections 3, 4, 5 and 6 were stricken thru 2326 and 1945 Acts and Joint Reso- 

out by 1943 Acts and Joint Resolutions lutions (44 Statutes at Large) pages 102 

(43 Statutes at Large) pages 234 thru and 103 provide for trustees. 

236, and said provisions provide for a new^ Subsection 4a amended by 1943 Acts 

subsection 3, and said new subsection 3 and Joint Resolutions (43 Statutes at 

as amended by 1944 Acts and Joint Reso- Large) pages 38 thru 41 so as to further 

lutions (43 Statutes at Large) pages 2325 provide for the retirement of teachers. 



§ 5597-1 1946 Supplement 206 

Greenwood County 

§ 5597-1. School districts set up teacher retirement programs. 

See this section in 1944 Supplement. 

§ 5598-2. School district No. 19— trustees. 

See this section in 1944 Supplement. 

Hampton County 

§ 5601-3. Furman school district No. 21 — trustees — election — vacancy. — Be- 

pealed by 194-i -^cts a^id Joint Resolutions US Statutes at Large) page 2259. 

Horry County 

§ 5603. Tax levy for school purposes — borrow. 

See this section in 1944 Supplement. 

§ 5603-2. Board of education. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1435 
make up this section. See same for contents. 

§ 5604. High School districts. 

(1) Districts — names — areas. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 2601 thru 2606 in- 
creased the high schools to 8 from 7 and slightly changed punctuation. 

(2) Organization board of adivisors — tax levies. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1415 and 1416 
amended subsection 2 by increasing tax levy in Conway high school district No. 1 
to 15 mills from 10^ mills and slightly changed punctuation. 

§ 5605. Trustees — appointment — elections. 

See this section in 1944 Supplement. 

§ 5605-2. Horry County memorial library commission. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1575 
thru 1578 make up this section. See same for contents. 

Jasper County 

§ 5606. Superintendent of education — term — election — oath — bond. 

See this section in 1944 Supplement. 

§ 5606-1. Board of education. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 50 and 
51 make up this section. See same for contents. § 5606-1, 1942 Code, repealed by 
said provisions. 

§ 5606-2. School trustees. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 50 and 51 revoked 
appointment and terms of school trustees and provided for appointment of school 
trustees by new county board of education. 

§ 5607. School finances. 

See this section in 1944 Supplement. 



207 Code of Laws of South Carolina § 5613-1 

Kershaw County 

§ 5611-2. Superintendent of education's traveling expenses. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1366 
amended this section. See same for changes made. 

§ 5611-3. Free textbooks for pupils in first seven grades. 

See this section in 1944 Supplement. 

§ 5612-1. School district No. 1 — ^trustees — number — appointment — term. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1447 
and 1448 amended this section. See same for changes made. 

§ 5612-3. School district No. 40, Kershaw and Lancaster Counties — trustees 
— appointment. 

See this section in 1944 Supplement. 

§ 5612-20. Library commission. 

See this section in 1944 Supplement. 

Lancaster County 

§ 5613. Superintendent of education. 

(1) Duties and powers — term. — The office of county superintendent of edu- 
cation of Lancaster County is hereby created. The county superintendent 
of education shall have and exercise, except as herein specifically provided, 
the duties and powers ordinarily exercised and incident to the duties of 
that office under the laws of this State, subject to the authority now vested 
in the county board of education. His regular term of office shall be for 
four (4) years and until his successor shall have been elected and qualified. 

(2) Election — duties and powers — salary — travel expenses. — With the term 
beginning July 1, 1945, the county superintendent of education shall be 
elected in the general election as provided for by law in the case of elective 
county officers. The county superintendent of education shall have general 
supervision over all the schools of Lancaster County and perform such duties 
as may be required of him by the county board of education. The salary 
of the superintendent of education is fixed at twenty-four hundred ($2400.00) 
dollars per annum, payable monthly, together with the sum of six hundred 
($600.00) dollars payable in like manner to cover travel expenses. 

1945 (44) 191. 

§ 5613, 1942 Code, repealed by 1943 Acts and Joint Resolutions (43 Statutes at 
Large) pages 65 thru 68 and 153 thru 158. Above section comes from 1945 p 191. 

§ 5613-1. Board of education — vote on high school district trustees. — The 

county board of education of Lancaster County shall be composed of eight 
(8) members, one of whom shall be the county superintendent of education, 
ex officio. The regular terms of office for the other seven members shall be 
four (4) years, or so long as they shall be chairman of their respective high 
school districts as hereinafter provided, and until their successors shall have 
been elected and qualified under the provisions hereof and shall commence 
April 27, 1945. The regnlar terms of office of the said members of the 



§ 5613-1 1946 Supplement 208 

county board of education other than that of the superintendent of educa- 
tion beginning July 1, 1945, shall be filled by election from the respective 
school districts as will hereafter be noted. One member from Indian Land 
high school district, who shall be chairman of the board of trustees of said 
district, one member from Flat Creek high school district, Avho shall be chair- 
man of the board of trustees of said high school district, one member from 
Kershaw high school district, who shall be chairman of the board of trustees 
of said high school district, one member from Heath Springs high school 
district, who shall be chairman of the board of trustees from said district, one 
member from Buford high school district, who shall be chairman of the board 
of trustees of said high school district, after the expiration of the present 
term, during which term J. L. Fnnderburk, the present member of the county 
board of education from said district, shall continue as a member. Two 
members from Lancaster high school district who shall be named by a ma- 
jority of the delegation, including the Senator. The high school district 
trustees shall be voted upon by ballot in the same manner that all of the 
trustees of the several school districts throughout the county shall be voted 
on, as hereinafter provided, with the exception of Buford and Flat Creek. 
The said county board of education, as provided for under § 5613 thru 5613-4, 
shall be charged with the expenditure of all school funds for school purposes 
and shall see that the school laws are generally executed, except as otherwise 
specifically provided for herein. The said board shall have the right to make 
and enter into contracts for the transportation of pupils to and from the 
public schools of Lancaster county. The county board of education shall 
have the power to prescribe rules and regulations for the conduct of the 
schools in Lancaster County not inconsistent with law. The members of 
the county board of education other than the superintendent of education 
shall each be paid the sum of one hundred twenty ($120.00) dollars per 
annum payable monthly. 

(3) Chairman. — The county board of education shall elect its cliairman. 

(4) Member from Kershaw high school district. — In the event the chairman 
of the board of trustees of the Kershaw higli school district shall be a resident 
of Kershaw County, the said board shall designate one of its members, who 
shall be a resident of Lancaster County, to serve as a member of the county 
board of education in the place of the chairman. 

(5) Build and supervise sweet potato curing- houses. — The county board 
of education is authorized to build, equip and maintain potato curing houses 
in such high school districts as it deems expedient, said houses to be super- 
vised by the trustees of the high school district in which they are located 
and operated by the agriculture teacher. 

1945 (44) 191. 

§ 5613-2. — Claims. — All claims against the school funds of the county shall 
be approved by the county board of education on such forms as may be pre- 
scribed by the county board of education. 
1945 (44) 191. 



209 Code of Laws of South Carolina § 5613-3 

§ 5613-3. Trustees. 

(1) Election — appointment — number.— On the last Tuesday in March, every 
two years hereafter, there shall be an election to fill the several boards of 
school trustees of all of the schools in the county. On the said date the 
patrons and resident taxpayers of the respective school districts shall meet 
at the respective school houses in the district and elect the trustees for the 
districts. Such meeting shall be held at four o'clock p. m., eastern war time 
and shall be organized by the selection of one of their number as chairman 
and one as secretary. The chairman shall call the meeting to order and 
state the purposes thereof, shall receive nominations and place the nomina- 
tions before the body. The selection shall be by ballot and no one shall be 
declared elected until he shall have received a majority of the votes cast, 
and the balloting may continue until the three trustees have been elected. 
The secretary shall transmit the result of the election to the superintendent 
of education who shall thereupon notify such persons of their election and of 
the length of their terms. The superintendent of education is hereby charged 
with the duty and responsibility of having said elections announced in all 
the schools at least two weeks prior to the time of such elections. In the 
case of trustees for the high schools, there, shall be five (5) in number in 
the Lancaster school district, the Heath Springs school district, the Indian 
Land school district, and the Kershaw school district ; however, in the Ker- 
shaw high school district only three (3) shall be elected on the Lancaster 
County side. The other two (2) to be appointed by the Kershaw county 
delegation, or by whatever method they see fit to select same. In Buford 
high school district and Flat Creek high school district the board of trustees 
of the high school shall consist of the chairman of the board of trustees of 
every feeder school in that respective high school district. 

The members of the board of school trustees in the high school districts 
other than Buford and Flat Creek, shall be selected as provided for the selec- 
tion of members of the boards of trustees in the grammar school districts, 
except that the hour of election of trustees of the high school districts shall 
be at five o'clock p. m. on the same day as herein provided for the election 
of trustees for grammar schools ; provided, that Buford and Flat Creek high 
school trustees shall meet to elect their respective chairman only, since the 
high school board from these two schools shall consist of the chairman of the 
board of trustees from their respective grammar school districts. 

(2) Duties and powers. — The trustees of the several school districts as pro- 
vided for herein shall have and exercise the duties and powers ordinarily inci- 
dent to school trustees and are charged with the duty of selecting competent 
teachers for such schools and making contracts within the limits of the appro- 
priations therefor and in accordance with the schedule of salaries as may 
now or hereafter be fixed by law. In the event of a vacancy from whatsoever 
nature in any school district in the county on the board of trustees, the county 
board of education shall fill that vacancy by appointment. 

1945 (44) 191. 



§ 5613-4 1946 Supplement 210 

§ 5613-4. Supervision of grammar schools. — The superintendent of each high 
school in Lancaster County is charged with the responsibility of supervision 
of the grammar schools in his high school district, subject to the general 
powers conferred by law on the local board of trustees and the county board 
of education. 

1945 (44) 191. 

§ 5614-17. Meeting's of boards. — Repealed hy 191^3 Acts and Joint Resolutions 

(Jf3 Statutes at Large) pages 65 thru 68. 

§ 5614-18. Trustees — appointment — election. — Repealed hy 1943 Acts and 
Joint Resolutions (1^3 Statutes at Large) pages 65 thru 68. 

§ 5614-19. Contract for transportation of children. — Repealed hy 1943 Acts 
and Joint Resolutions (4-3 Statutes at Large) pages 65 thru 68. 

§ 5614-23. Free textbooks for pupils in first seven grades. 

See this section in 1944 Supplement. 

§ 5615. Buford high school district. 

See this section in 1944 Supplement. 

§ 5615-1. Flat Creek high school district. 

See this section in 1944 Supplement. 

§ 5615-2. Indian Land high school district. — Repealed hy 1943 Acts and Joint 
Resolutions (43 Statutes at Large) pages 65 thru 68. 

Lee County 

§ 5619-1. Investment of school district sinking funds. 

See this section in 1944 Supplement. 

Lexington County 
§ 5625-1. School district No. 18 borrow operate schools. 

See this section in 1944 Supplement. 

§ 5625-2. Leesville grammar school district No. 15 borrow annually. 

See this section in 1944 Supplement. 

§ 5625-3. Batesburg-Leesville high school district No. 15-18 borrow annually. 

See this section in 1944 Supplement. 

McCormick County 
§ 5628-1. McCormick school district No. 4 — trustees. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 114 
and 115 make up this section. See same for contents, 
§ 5628-1, 1944 Supplement, repealed by above act. 

Marion County 

§ 5632. School finances. 
(1) Special tax — amount. 

1946 Acts and Joint Resolutions (44 Statutes at Large) page 1397 increased the 
special tax millage from 10 mills to 12 mills. 



211 Code of Laws of South Carolina § 5651-1 

§ 5633. Trustees. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 98 and 99 repealed 
§ 5633, 1942 Code. Said repealing provisions provide for school trustees for Marion 
County. See same for contents hereof. 

Marlboro County 

§ 5635-3. High school district charge nonresident pupil upkeep fee. 
See this section in 1944 Supplement. 

Oconee County 

§ 5640. Budgets — finances. 

1944 Acts and Joint Resolutions (43 section l-(a), w^hich provides for high 

Statutes at Large) pages 1282 and 1283, school tax levy. 1945 Acts and Joint Res- 

1945 Acts and Joint Resolutions (44 Stat- olutions (44 Statutes at Large) page 282 

utes at Large) pages 93 and 94 and 1946 provides for the method of distribution 

Acts and Joint Resolutions (44 Statutes at and allocation of funds from 5 mill high 

Large) pages 1401 and 1402 added sub- school tax. 

§ 5641-A. Walhalla school district No. 26—10 mill tax levy. 

See this section in 1944 Supplement. 

Orangeburg County 

§ 5644-1. School district No. 26— tax levy. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1331 and 1332 in- 
creased the maximum levy to 20 mills from 15 mills. 

§ 5644-lA. Trustees regulate tax levy, West Elizabeth school district No. 34 
— maximum levy. 

See this section in 1944 Supplement. 

Richland County 

§ 5649. Board of education. 

1944 Acts and Joint Resolutions (43 subsection 2 so as to require one member 
Statutes at Large) pages 2247 and 2248 of the board to sign county board war- 
amended subsection 1 by eliminating ref- rants. 

erence therein to political parties in pri- Provisions of 1943 Acts and Joint Reso- 

mary nomination of candidates. lutions (43 Statutes at Large) pages 256 

1946 Acts and Joint Resolutions (44 and 257 amended subsection 3 as to mile- 
Statutes at Large) page 1319 amended age of members of board of education. 

§ 5649-3. Trustees — appointment — term — vacancy — removal. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 104 
thru 106 make up this section. Said provisions superseded this section in 1942 Code 
and 1944 Supplement. 

§ 5649-7. Redistrict county into school districts. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 113 
and 114 make up this section. See same for contents. 

§ 5650-3. School commissioner for Hopkins township — election. 

See this section in 1944 Supplement. 

§ 5651-1. Retirement of teachers and employees, Columbia school district 
No. 1. 

See this section in 1944 Supplement. 



§ 5651-2 1946 Supplement 212 

§ 5651-2. Retirement of teachers, School districts 2B and 4 thru 33, Epworth 
Orphanage and Carolina Orphan Home. 

This section amended by 1942 Acts and tions (43 Statutes at Large) pages 1235 

Joint Resolutions (42 Statutes at Large) and 1236 and 1945 Acts and Joint Resolu- 

pages 1562 and 1563, 1943 Acts and Joint tions (44 Statutes at Large) pages 20 

Resolutions (43 Statutes at Large) pages thru 22. See same for changes made. 
302 thru 306, 1944 Acts and Joint Resolu- 

Saluda County 

§ 5652-3. Tax levy — borrow — grammar schools. 

See this section in 1944 Supplement. 

Spartanburg County 

§ 5656-6. School districts invest funds received for permanent improvements. 

See this section in 1944 Supplement. 

§ 5657. Trustees. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1558 thru 1560 
amended subsection 1 hereof so as to provide for the selection of school trustees in 
Saxon school district No. 70. See same for changes made. 

Fraud of circulators against failure of Signatures to a petition before it has 

petitioner to acquaint himself with the been filed may be withdrawn. Id. 
contents of the petition. Poole et al. v. Attempt to withdraw names from pe- 

Tiner et al., 1946, S. C , 38 S. tition after the election ordered and no- 

E. 2d 650. tice thereof posted comes too late. Id. 

§ 5657-1. Levy tax annually for general purposes. School district No. 67, 
Spartanburg County, and School district No. 17, Union County. 

See this section in 1944 Supplement. 

Sumter County 

§ 5659-A. Rent textbooks, Sumter school district No. 1. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1422 
thru 1424 make up this section. See same for contents. 

Williamsburg County 
§ 5665-1. Invest school funds in defense securities. 

See this section in 1944 Supplement. 

§ 5665-2. Investment school district sinking funds. 

See this section in 1944 Supplement. 

§ 5665-3 thru 5665-18. Board of education — bonded indebtedness — budgets — 

operation schools — borrow — teachers' salaries. 

Provisions of 1944 Acts and Joint Resolutions (43 Statutes at Large) pages 1368 
thru 1373 and 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 317 and 
318 make up this section. See same for contents. 

§ 5667-1. Hemingway school district No. 12 — trustees. 

See this section in 1944 Supplement. 

§ 5667-3. Hebron school district No. 16 — trustees. 

See this section in 1944 Supplement. 

§ 5667-7. School district No. 38 — trustees — term — appointment — vacancy. 

See this section in 1944 Supplement. 



213 Code of Laws of South Carolina § 5806-91 

York County 

§ 5670-1 A. Trustees — vacancy in certain districts — appoint — elect. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 31 and 
32 make up this section. See same for contents. 

§ 5673. Textbooks— free. 

1945 Acts and Joint Eesolutions (44 Statutes at Large) pages 210 and 211 amended 
subsection 1 so as to provide for the furnishing of textbooks free and also for the 
charging of book fees. 

§ 5673-1. Teachers' retirement board. 

See this section in 1944 Supplement. 

§ 5673-2. School districts make contributions on supplemental salaries of 
teachers to S. C. retirement fundi — effect. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1398 
make up this section. See same for contents. 

§ 5674-9. The Clover school district No. 37. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 18 thru 20 and 1946 
Acts and Joint Resolutions (44 Statutes at Large) page 1417 amended subsection 2 
so as to further provide for the election of trustees. 

§ 5674-9A. Cotton Belt school district No. 49— trustees. 

Provisions of 1944 Acts and Joint Resolutions (43 Statutes at Large) pages 1276 
and 1277 make up this section. See same for contents. See § 5670-lA which provides 
for the filling- of trustee vacancy in certain districts. 

§ 5675-2. Kings Mountain township public library board. 

See this section in 1944 Supplement. 

§ 5675-3. York township public library board. 

See this section in 1944 Supplement. 

§ 5707. Free tuition in state colleges for persons in military service of the 
United States during European wa-r.— Repealed hy 1046 Acts and Joint Reso- 
lutions (4.4- Statutes at Large) page 1344- 

§ 5786. Trustees — election — appointment — terms. 

See this section in 1944 Supplement. 

§ 5806-43. State pay portion of indemnity for cattle infected with Bang's 
disease and slaughtered — amount. 

See this section in 1944 Supplement. 

ARTICLE 2 

Seed and Plant Certification 

§ 5806-91. The Clemson Agricultural College provide for seed and plant 
certification — personnel — rules and regulations — other facilities.— The Clem- 
son Agricultural College is hereby empowered to inaugurate a program of 
seed and plant certification which shall have as its aim the fostering of the 
production and distribution of pure varieties of seeds and plants in South 
Carolina. 



§ 5806-91 1946 Supplement 214 

In order to carry out the said program the Clemson Agricultural College 
is authorized to employ necessary personnel, establish and promulgate rules 
and regulations, and provide other facilities necessary for the certification of 
seeds and plants and for aiding in the distribution and promotion of the use 
of such certified seed and plants. 

1945 (44) 84. 

§ 5806-92. Agencies cooperate. — Insofar as the state department of agricul- 
ture, the South Carolina extension service, the South Carolina experiment 
station, the South Carolina state crop pest commission, and the state depart- 
ment of vocational education have to do with the sampling, testing, breeding, 
production, certification and distribution of seeds and plants, these agencies 
shall actively cooperate with the Clemson Agricultural College in carrying 
out the purposes of this article. 
1945 (44) 84. 

§ 5806-93. Germination and mechanical purity of seed. — Certification of 
seeds and plants insofar as it concerns germination and mechanical purity 
of the seed shall depend upon the reports of the seed laboratory of the state 
department of agriculture. Seeds may not be certified by the Clemson Agri- 
cultural College unless the germination and purity test reports of the seed 
laboratory of the state department of agriculture indicate that the said seeds 
comply with the agricultural seed law of South Carolina. 
1945 (44) 84. 

§ 5806-94. Penalties use evidicnce of certification of seeds or plants not cer- 
tified. — It shall be a misdemeanor, punishable by fine or imprisonment, in 
the discretion of the court, for any person, firm, association, or corporation, 
selling seeds or plants in South Carolina to use any evidence of certification, 
such as a blue tag, or the word, "certified", or both, on any package of 
seeds or plants unless sucli seeds or plants shall have been duly inspected and 
certified as provided for in this article, or by a similar legally constituted 
agency as provided for in this article, or by a similar legally constituted 
agency of another state or foreign country. The duty of enforcing the pro- 
visions of this article as described in this section shall be vested in the com- 
missioner of agriculture. 
1945 (44) 84. 

§ 5806-95. Effect on 1942 Code— definitions. — Nothing in this article shall 
be construed to repeal or amend any section between 5806-71 and 5806-89, 
inclusive, relating to inspection, analysis, sale and distribution of agricultural, 
vegetable and flower seeds. 

Definition : 

The term "certification" and "certified" as applied to seeds and plants 
under this article are defined as a guarantee that all necessary precautions 
have been taken to see that the said seed aiid plants conform to commonly 
recognized standards of quality for such seeds and plants as established by The 
Clemson Agricultural College. 



215 Code of Laws of South Carolina § 580'6-105J 

The term "seed" as used in this article refers to the true seeds of all tield 
crops, vegetables, flowers, or other plants. 

The term "plant" is meant to include seedlings, nursery stock, roots, tubers, 
bulbs, cuttings, and other plant parts used in the propagation of field crops, 
vegetables, fruits, flowers, or other plants. 

The term "variety" carries its original meaning and includes "strains" of 
varieties which are sufficiently different from the parent variety to justify 
special designation. 

1945 (44) 84. 

§ 5806-105J. Subdivide soil conservation districts. — A portion of a soil con- 
servation district, said portion being composed of one or more entire counties, 
may withdraw from the said district and constitute itself a separate soil con- 
servation district by the following procedure : a petition signed by a majority 
of the members of the governing body of the soil conservation district or a 
petition signed by twenty five (25) landowners of the county or counties 
wishing to withdraw and constitute themselves a separate district, may be 
filed with the state soil conservation committee (hereinafter referred to in 
this section as the "committee), asking that the subdivision be made and 
constitute a district. Such petition shall (1) set forth the name of the said 
district; (2) describe the existing boundary line of the district and the pro- 
posed district (subdivision) ; (3) request that the committee hold a public 
hearing upon the question of the proposed subdivision, and that the com- 
mittee duly define the boundary lines as set out in the petition. Within thirty 
(30) days after such a petition has been filed with the committee, it shall 
cause due notice to be given of a proposed hearing upon the question of the 
proposed subdivision. All occupiers of land lying within the proposed dis- 
trict, and all other interested parties, shall have the right to attend such 
hearings and to be heard. After such hearing, the committee shall determine, 
upon the facts presented at such hearing and upon such other relevant facts 
and information as may be available, whether there is need in the interest 
of the public health, safety and welfare for the proposed subdivision, and 
whether the operation of the districts within the proposed boundaries will 
be administratively practicable and feasible. In making such determination, 
the committee shall give due weight and consideration to the legislative 
I determinations set forth in § 5806-102, as amended hereby, and to the stand- 
i ards provided in § 5806-105 for the guidance of the committee in making 
j its determinations in connection with the organization of districts. If the 
i committee determines that the proposed subdivision is not necessary, in the 
interest of the public health, safety and welfare, or that the operation of 
the said districts within the proposed boundaries would not be administra- 
tively practicable or feasible, it shall record such determination and deny 
the petition. If the committee shall determine in favor of the proposed sub- 
division, it shall record such determination, and define the boundary line 
between the said districts, and shall notify the chairman of the governing 
body of the district to be divided of its determination. 



§ 5806-105J 1946 Supplement 216 

The committee shall then proceed in accordance with § 5806-105 to organize 
the subdivision into a district and to inform the secretary of state of the 
change in the boundaries of the remaining district and to complete the organ- 
ization of the governing body of the remaining district. 

1946 (44) 1537. 

§ 5806-120. Agricultural board, Abbeville County. 

See this section in 1944 Supplement. 

§ 5806-127. Agricultural boards, Greenville, Greenwood, and Spartanburg 
Counties. 

See this section in 1944 Supplement. 

§ 5806-128. Greenville County. — Repealed hy 1944- ^cts and Joint Besolutions 
(43 Statutes at Large) page ]260. 

§ 5806-129. Jasper County marketing board. 

See this section in 1944 Supplement. 

§ 5806-134. County cooperative soil conservation association boardi, Saluda 
County. 

See this section in 1944 Supplement. 

§ 5806-135. Spartanburg County farmer's market. 

See this section in 1944 Supplement. 

§ 5806-138. Agricultural board, York County. 

See this section in 1944 Supplement. 

§ 5806-139. Terracing commission, York County. 

See this section in 1944 Supplement. 

§ 5853-1. File application with county supervisor excavate in or across road 
not in highway system not in incorporated town — deposit bond or cash. 

See this section in 1944 Supplement. 

§ 5856. Damages from defeqtive highways — action against county. 

In action hereunder it was necessary way bring about his injury or in any way 

for plaintiff to introduce testimony from negligently contribute to the injury. Ma- 

which a reasonable inference could be hion v. Spartanburg County, 1944, 205 

drawn that the plaintiff did not in any S. C. 441, 32 S. E. 2d 368. 

§ 5858. Death caused by defective highway, etc. — cause of action to survive. 

In action hereunder it was necessary way bring about his injury or in any way 

for plaintiff to introduce testimony from negligently contribute to the injury. Ma- 

which a reasonable inference could be hion v. Spartanburg County, 1944, 205 

drawn that the plaintiff did not in any S. C. 441, 32 S. E. 2d 368. 

§ 5860. Commutation or road tax. — * * * No person residing in Greenwood 
County shall be subject to road duty or commutation or road tax. The pro- 
visions herein relating to Greenwood County shall in no way be construed to 
affect or prohibit municipalities in said county from requiring the payment 
of street taxes. 

1945 (44) 144. 

1945 p 144 added above to this section. Section otherwise effective, 

§ 5865. Persons in military or naval service of United States exempt from 
road or street tax. 

See this section in 1944 Supplement. 



217 Code of Laws of South Carolina § 5891 

§ 5877. Commission may own and dispose of real estate. — The state highway 
commission and/or state highway department is hereby authorized to own 
such real estate, in fee simple or by lease, as shall be deemed necessary for 
the purpose of facilitating: the jiroper operation of the said department, or 
for the building and maintenance of public highways in the State highway 
system ; provided, that no moneys appropriated by the General Assembly shall 
be used for the erection of a building on any lot in the city of Columbia 
which the state highway commission and/or state highway department may 
acquire under the terms of this section. When in the judgment of said state 
highway commission and/or state highway department any real estate ac- 
quired as provided in this section is not longer necessary for the proper 
operation of said department or highway system, then it may be disposed of 
by deed of said state highway commission and/or state highway department, 
countersigned by the chairman and secretary of the state highway commis- 
sion. This authority is to be construed as in addition to any authority the 
said state highway commission and/or state highway department may now 
have. 

1946 (44) 2592. 

1946 p 2592 extended the authority in this section to state highway department, 
and changed method of countersigning, and changed style and punctuation. 

§ 5887. Sue department. 

See this section in 1944 Supplement. 

Service of verified complaint and sum- Highway Dept., 1945, 207 S. C. 112, 34 

mons upon state highway department S. E. 2d 484. 

within about a month after the alleged Burden of proof as to contributory neg- 

cause of action arose made unnecessary ligence. Flowers v. South Carolina State 

the filing of claim required by this sec- Highway Department, 1945, 206 S. C. 454, 

tion. Rushton, Admr., v. S. C. State 34 S. E. 2d 769. 

§ 5890-3. Town can review plans of state highway department where work 
to be performed within its limits — work already started — claims to be filed. 

See this section in 1944 Supplement. 

§ 5891. Department construct, reconstruct, maintain state highways extend- 
ing into and through municipalities. 

(7) Funds department expend for construction and reconstruction in mu- 
nicipalities over 2,500. — The state highway department is hereby authorized 
to contract to match federal funds with state funds for construction and/or 
reconstruction of state highways within municipalities of over twenty-five 
(2500) hundred population only after first matching all federal aid available 
for secondary and farm to market roads ; provided, that in the event no federal 
funds are available for construction and/or reconstruction within municipal- 
ities of over twenty-five (2500) hundred population the amount contracted 
to be used for such construction and/or reconstruction within such municipal- 
ities shall not exceed in any one year the sum of five hundred thousand ($500,- 
0(X).00) dollars. In the event the amount required for matching federal aid 
for such construction and/or reconstruction within such municipalities is in 
any one year less than five hundred thousand ($500,000.00) dollars, then the 
difference between the amount so required and five hundred thousand ($500,- 



§ 5891 1946 Supplement 218 

000.00) dollars may also be during such year contracted to be used for con- 
struction and/or reconstruction within such municipalities. The state high- 
way department is authorized to use the funds contracted to be used under 
the provisions of this subsection, 

1945 (44) 118. 

Above subsection 7 replaces said subsection in 1942 Code. 

§ 5893. Registration of motor vehicles — new vehicles — etc. 

See this section in 1944 Supplement. 

§ 5893-1. Not license motor vehicle when notified of delinquent taxes due 
thereon until such taxes paid. 

(1) Time give notice — payment after notice. — The state highway depart- 
ment of South Carolina shall not issue a license on any motor vehicle to any 
person, firm, or corporation, provided said highway department has received 
notice prior to August 1st of each year for the succeeding license year from 
any tax collecting agency of this State that any delinquent taxes due the 
State, or any sub-division thereof, including municipalities, on such niotoi 
vehicle have not been paid, until proof of payment is furnished, as herein 
provided. Upon receipt of payment of the delinquent taxes, after previous 
notice has been given to the state highway department of such delinquency, 
as provided above, the said tax collecting agency shall, on the same date of 
receipt of payment, mail or cause to be delivered to the state highway de- 
partment written notice of such payment. Provided, that the tax collecting 
agency shall issue in duplicate evidence of tax payment on motor vehicles. 

(2) Delinquent taxes. — "Delinquent taxes" are defined as those subject to 
execution, as provided by law. 

(3) No extension of time secure motor vehicle license without penalty. — 

Nothing in this section shall be construed to authorize extension of time for 
issuing motor vehicle licenses without penalty, as now provided by law. 

1946 (44) 2581. 

§ 5894. Motor vehicle licenses. 

(2) Trucks, truck-tractors, trailers, and semi-trailers. 

(a) License fees for trucks and truck-tractors. — For the license year be- 
ginning November 1, 1939, and annually thereafter each resident owner, or 
non-resident owner not exempt by law, of a truck and/or truck-tractor shall 
pay to the state highway department in lieu of all other State, municipal or 
county licenses an annual license fee as follows : 

(1) With a load capacity of not more than one ton, five ($5.00) dollars. 

(2) With a load capacity of more than one ton but not over two tons, 
fifteen ($15.00) dollars. 

(3) With a load capacity of more than two tons but not over three tons, 
forty ($40.00) dollars. 

(4) With a load capacity of more than three tons but not over four tons, 
sixty-five ($65.00) dollars. 



219 Code of Laws of South Carolina § 5894 

(5) With a load capacity of more than four tons but not over five tons, 
one hundred ($100.00) dollars. 

(6) With a load capacity of more than five tons but not over six tons, one 
hundred fifty ($150.00) dollars. 

(7) With a load capacity of more than six tons but not over seven tons, 
three hundred ($300.00) dollars. 

(8) With a load capacity of more than seven tons, but not more than eight 
tons, five hundred ($500.00) dollars. 

(9) With a load capacity of more than eight tons, five hundred ($500.00) 
dollars, plus an additional fee of two hundred ($200.00) dollars for each ton 
or fraction of a ton in excess of eight tons. 

1945 (44) 197. 

(c) License fees for trailers and semi- trailers. — For the license year be- 
ginning November 1, 1939, and annually thereafter every resident owner, or 
non-resident owner not exempt by law, of a trailer and/or semi-trailer shall 
pay to the state highway department in lieu of all other State, municipal or 
county licenses an annual license fee as follows : 

(1) With a load capacity of not more than one ton, six ($6.00) dollars. 

(2) With a load capacity of more than one ton but not over one and one- 
half tons, fifteen ($15.00) dollars. 

(3) With a load capacity of more than one and one-half tons but not over 
two tons, thirty ($30.00) dollars. 

(4) With a load capacity of more than two tons but not over two and one- 
half tons, forty ($40.00) dollars. 

(5) With a load capacity of more than two and one-half tons but not over 
three tons, forty-five ($45.00) dollars. 

(6) With a load capacity of more than three tons but not over three and 
one-half tons, fifty ($50.00) dollars. 

(7) With a load capacity of more than three and one-half tons but not over 
four tons, fifty-five ($55.00) dollars. 

(8) With a load capacity of more than four tons but not over four and 
one-half tons, sixty ($60.00) dollars. 

(9) With a load capacity of more than four and one-half tons but not over 
five tons, sixty ($60.00) dollars. 

(10) With a load capacity of more than five tons but not over six tons, 
sixty-five ($65.00) dollars. 

(11) With a load capacity of more than six tons but not over seven tons, 
eighty ($80.00) dollars. 

(12) With a load capacity of more than seven tons but not over eight tons, 
ninety-five ($95.00) dollars. 

(13) AVith a load capacity of more than eight tons, ninety-five ($95.00) 
dollars, plus an additional fee of twenty ($20.00) dollars for each ton or 
fraction of a ton in excess of eight tons. 

1945 (44) 197. 

1945 p 197 added "but not more than 8 graph (12) of subsection 2 (c), added 

tons," to paragraph (8) of subsection paragraph (13) thereto and changed punc- 

2 (a) and added paragraph (9) thereto, tuation. Above provisions replace said 

and added "but not over 8 tons" to para- 2 (a) and 2 (c) in 1942 Code. 



§ 5895 1946 Supplement 220 

§ 5895. License, inspection or registration of motor vehicles, cities of 55,000 
or over. — It shall be unlawful for any and all cities of this State having a 
population of fifty-five thousand (55,000) or more, to directly or indirectly 
require any license, registration plate, or other identification tag of, and/or 
for motor-driven vehicles other than is now or may hereafter be required by 
the laws of the State of South Carolina relating to motor vehicles, or to 
charge or accept any fee or compensation for the inspection or registration 
^of any motor-driven vehicle. Cities having a population of 70,000 or more 
are hereby authorized to require the annual registration with the city treas- 
urer of all motor vehicles owned by residents of said cities, and to issue an- 
nually a sticker, seal, card or a plate of metal or other material without fee 
or charge, as evidence of such registration, and to require the attachment 
of the same to, and the display of the same upon, such vehicles, and to require 
as a condition precedent to such registration the payment of any city taxes 
then due and payable thereon, and to provide by ordinance that the operation 
on the streets of said cities of any such motor vehicle without the attachment 
and display thereon of such sticker, seal, card or plate shall be unlawful, and 
to impose a penalty for the violation of such ordinance not exceeding a fine 
of one hundred ($100.00) dollars or imprisonment of not more than thirty (30) 
days, provided, that notice of 30 days shall be given by registered mail or 
personal service to each owner of any motor vehicle before an}- penalty is 
imposed. 

1945 (44) 547; 1946 (44) 1370. 

1945 p 547 and 1946 p 1370 inserted comma after "plate" and added all after first 
sentence. Above section replaces said section, 1942 Code. 

§ 5900-1. Nonresident itinerant motor vehicle registration license. 

(1) Parties liable — fees. — Any itinerant non-resident person, firm or cor- 
poration temporarily engaging in a business in this State, before operating 
any vehicle or vehicles on or upon the highways of the State, and not exempt 
by law, is immediately liable to the State for the payment of license fees 
and any such person, firm, or corporation is authorized to make application 
to the state highway department for a non-resident, itinerant motor vehicle 
registration license. The state highway department is hereby authorized to 
issue such non-resident itinerant licenses which shall be valid for a period 
not to exceed thirty days, in accordance with the following schedule, viz., 
for each passenger car, the sum of one ($1.00) dollar; for each motorcycle, 
the sum of one ($1.00) dollar; for each truck, truck-tractor, trailer, and semi- 
trailer, the sum of five ($5.00) dollars; provided, that such passenger cars, 
motorcycles, trucks, truck-tractors, trailers, and semi-trailers shall display at 
all times current and/or valid licenses issued by the State of domicile ; pro- 
vided, further, that the use of such non-resident itinerant licenses for a longer 
period than herein specified and/or failure to display valid and/or current 
licenses issued by the State of domicile shall make the registrant liable for 
the payment of the regular license fee or fees as now provided by law ; pro- 
vided, further, that there shall be credited against the payment of regular full 
or half year fees the payment of fees previously made in the same registra- 
tion period, in accordance with the schedule hereinbefore set out. 



221 Code of Laws of South Carolina § 5925-73 

(2) State highway department issue evidence of payment — rules and regu- 
lations. — The state liiglnvay department is hereby authorized and directed to 
provide such evidence showing that the proper license fees have been paid 
as it may deem proper and sufficient, and to promulgate such rules and/or 
regulations necessary to carry out the provisions of this section. 

(3) Credit receipts to state highway fund. — All monies derived from the 
sale of licenses under the provisions of this section shall be credited to the 
state highway fund in the same manner as now provided by law in the collec- 
tion of motor vehicle license fees. 

(4) Effect on existing provisions. — The provisions of this section are being 
Avritten solely for the purpose of establishing a schedule of license fees for 
itinerant non-resident persons, firms, and corporations temporarily engaging 
in business in the State, and shall not be construed as being in conflict with or 
amending any other laws, rules, and/or regulations governing the registration 
and/or operation of vehicles. 

1945 (44) 168. 

§ 5907. Motor vehicles display front and rear license plates — penalties. 

See this section in 1944 Supplement. 

§ 5925-1. Department license trackless trolley cars in and about Greenville. 

See this section in 1944 Supplement. 

§ 5925-17. State highway department maintain and operate ferry across 
Black River. 

See this section in 1944 Supplement. 

§ 5925-18. Highway department construct approaches to, and bridge across, 
Black River near Peak. 

See this section in 1944 Supplement. 

§ 5925-19. State highway department operate ferry across Catawba River, 
Lancaster and York Counties — duration. 

See this section in 1944 Supplement. 

§ 5925-71. State highway primary system and state highway secondary sys- 
tem make up state highway system. — The state highway system is hereby 
classified into the state highway primary system and the state highway sec- 
ondary system. 

1946 (44) 1519. 

§ 5925-72. State highway primary system. — The state highway primary sys- 
tem shall consist of a connected system of the principal state highways, not 
to exceed ten thousand miles, connecting centers of population, as determined 
by the state highway commission. 
1946 (44) 1519. 

§ 5925-73. State highway secondary system. — The state highway secondary 
system shall consist of all state highways not included in the state highway 
primary system. 
1946 (44) 1519. 



§ 5925-74 1946 Supplement 222 

§ 5925-74. State hig^hway commission make transfers. — The state highway 
commission is hereby authorized to transfer any route, or section of route, 
from the state highway secondary system to the state highwa}^ primary sys- 
tem, or vice versa, when, in its judgment, such transfers are deemed advisable 
to better serve the traveling public. 
1946 (44) 1519. 

§ 5925-75. Standards of construction. — The state highway department shall 
construct the highways in the state highway primary system and the high- 
ways in the state highway secondary system to standards commensurate with 
the amount and types of traffic services to be rendered by the highways in 
the respective systems, it being the declared policy of the State that the high- 
ways in the state highway secondary system shall be constructed by less 
expensive standards than the highways in the state highway primary system, 
thus enabling the State to construct a larger mileage of all-weather farm-to- 
market roads from the available funds. 
1946 (44) 1519. 

§ 5926. State highway system. 

(22) Florence County. 

1946 Acts and Joint Resolutions (44 Florence for 1 mile towards Mars Bluff 
Statutes at Large) pages 1392 thru 1394 to width of 50 ft., and slightly changed 
amended this subsection by eliminating punctuation. 

therefrom provisions limiting right-of-way See also this section in 1944 Supplement, 

of coastal highway from eastern limit of 

See §§ 5925-71 thru 5925-75 this supplement. 

§ 5933-1. 

(1) Abbeville County. 

Relocate state highway No. 72 between Greenwood and Abbeville. — The 

location of state highway No. 72, between the towns of Greenwood and Abbe- 
ville in this State, is hereby established to follow such route as the state high- 
way department may determine, and the said highway department is hereby 
specifically authorized to make such relocations in the said route as in its 
judgment may be in the interest of the highway traffic between Greenwood 
and Abbeville. 
1946 (44) 1320. 

(5) Charleston County. — * * * 

John P. Grace memorial bridge. — The "John P. Grace Memorial Bridge", 
which includes the bridge commonly known by that name, across the Cooper 
River on United States highway 701, in Charleston County, and any or all 
approaches to said bridge and rights-of-way, easements, franchises, or other 
property necessary or useful for the operation of said bridge, is a part of 
the state highway system of South Carolina, and shall be maintained as such. 

1945 (44) 66. 

(10) Jasper County. — * * * • 

Road in Jasper County eliminated from state highway system. — The road 
from Okeetie Club through Jasper Station to the highway leading from Bluff- 



223 Code of Laws of South Carolina § 5994 

ton to Ridgeland, a distance of nine and one-half (91/2) miles, be, and the same 
is hereby, taken out of the state highway system and placed back as a county 
road for Jasper County, 
1946 (44) 1400. 

(22) Ben M. Sawyer memorial bridge. — The new bridge across Cove Inlet 
on state highway 703 in Charleston County is hereby designated as and named 
the "Ben M. Sawyer Memorial Bridge," in commemoration and honor of the 
late Ben M. Sawyer whose untiring efforts were largely instrumental in the 
construction of South Carolina's fine system of State highways. 

1945 (44) 312. 

(23) John Gr. Richards highway. — State highway No. 97, beginning in the 
town of Camden in the county of Kershaw, up to the town of Nitrolee, in 
the county of Chester, is hereby named the "John G. Richards Highway". 

1946 (44) 1483. 

(24) Place in state highway system certain road on property of S. 0. Indus- 
trial School. — The state highway department is authorized, empowered and 
directed to take over immediately into the state highway system of roads that 
road beginning at the present dairy barn on the property of the South Caro- 
lina Industrial School in Florence, South Carolina, and extending to state 
highway No. 51. The state highway department is directed to immediately 
surface treat the said road and put it in such condition that the boys can 
travel from the said barn to state highway No. 51 with safety. The state 
highway department is further authorized, empowered and directed to main- 
tain in the future the said road. 

1946 (44) 1359. 

See also this section in 1944 Supplement. 

§ 5969. Disposition of revenues from gasoline tax — estimate of highway de- 
partment. 

Creditor position for payment from the 500, 37 S. E. 2d 241. 
revenues. State v. Query, 1946, 207 S. C. 

§ 5975. Advertisement of letting of contract or purchase. 

See this section in 1944 Supplement. 

§ 5994. Terms of licenses. — * * * Provided, that any person actively engaged 
in the armed services of the United States and who is or was on June 30th, 
1945, the holder of a valid license to drive a motor A^ehicle at the time he 
or she was inducted into the armed services, may continue to exercise the 
driving privilege therein conferred until the expiration of ninety (90) days 
after the termination of the present war and/or for a period of ninety (90) 
days from the date of his or her discharge from the armed services, which- 
ever is the earlier date, unless such license is suspended, cancelled or revoked 
by the department for cause or causes satisfactory to the department. 

1945 (44) 32. 

1945 p 32 added above proviso. Section otherwise effective. 



§ 6004 1946 Supplement 224 

§ 6004. Enforcement — South Carolina highway patrol — powers — duties — 
bond required. 

Extent of liability of surety. Brown v. 2d 588. 
National Surety Corporation of New Principal on motion made party de- 
York, 1946, 207 S. C. 462, 36 S. E. 2d 588. fendant in action against surety. Bes- 

"Any" does not mean "each and every." singer v. National Surety Corporation 

Brown v. National Surety Corporation of et al., 1945, 207 S. C. 365, 35 S. E. 2d 658. 
New York, 1946, 207 S. C. 462, 36 S. E. 

§ 6031-1. South Carolina intracoastal waterway commission — term — acquire 

lands for rights-of-way and spoil disposal areas — United States condemn lands. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abolished 
intra-coastal waterway commission and devolved its duties and powers on state re- 
search, planning and development board. 

§§ 6037 thru 6042. Inland waterway from North Carolina -South Carolina 
line to Winyah Bay. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 156 thru 163 abolished 
intra-coastal waterway commission and devolved its duties and powers on state re- 
search, planning and development board. 

§ 6146. Appointment — vacancy. 

See this section in 1944 Supplement. 

§ 6147. Functions of commission — commission in Charleston County. 

See this section in 1944 Supplement. 

§ 6227. Commitment of patients — emergencies. 

Commitment of person to the state hos- residence. In re Lemack's Estate, Reed 

pital by the probate court merely an ad- v. Lemacks, 207 1945, 137 S. C , 35 

judication of her insanity and not of her S. E. 2d 34. 

§ 6229. Proceedings before probate judge for commitment. 

Judge of probate commit nonresident to 207 S. C. 137, 35 S. E. 2d 34. 
state hospital. Reed v. Lemacks, 1945, 

§ 6238. Committee for custody of patient's estate. — In all cases where any 
person shall have been adjudged insane and committed to the hospital under 
and according to the provisions of this chapter and still remains a patient 
therein, as well as in the case of a patient committed thereto prior to the 
passage of this chapter, the judge of probate of the county wherein such 
persons reside shall have jurisdiction to appoint a committee for such 
person and to make all such orders as may be necessary for the custody and con- 
trol of the estate of such person ; provided, that the judge of probate receives a 
certificate signed by at least two members of the board of regents and by the 
physician in charge to the effect that such person is in their opinion, after 
a full examination, insane. Provided, further, that if any insane person, a 
patient of the state hospital, has no legally appointed committee in lunacy, 
the superintendent of the hospital is authorized and empowered to receive and 
accept for the use and benefit of any such patient any sum of money, not in 
excess of the sum of seven hundred ($700.00) dollars in any one calendar year, 
which may be due such patient by inheritance, gift, pension or otherwise. 
The said superintendent is authorized and empowered to act as committee 
in lunacy for any such patient and his endorsement or receipt shall discharge 



225 Code of Laavs of South Carolina § 6333 

the obligor for such sum so received. Upon receipt of any such fund, the 
said superintendent shall use the same for the proper maintenance, use and 
benefit of any such patient, or as much thereof as may be necessary for such 
purposes. In the event any such patient should die leaving an unexpended 
balance of any such funds in the hands of the superintendent, he shall apply 
the same (1st) to the funeral expenses of such patient; (2nd) to the payment 
and discharge of any indebtedness due the hospital by such deceased patient 
and any balance only shall be paid to the judge of probate of the county 
committing such patient to be distributed under the statute of distribution 
of the State. of South Carolina. 

1945 (44) 147. 

1945 p 147 added 2nd proviso and slightly changed punctuation. Above section 
replaces § 6238, 1942 Code. 

§ 6239. Commitment of person charg^ed with crime. 

Examination of person charged with , 38 S. E. 2d 238. 

rape. State v. Gatlin, 1946, S. C. 

§ 6245. Highways over state hospital grounds — property rights grant public 
service companies. 

See this section in 1944 Supplement. 

§ 6249. Restore discharged inmates to property rights — certificate of dis- 
charge — procedure to re-adjudge sanity of person adjudged insane — appeal. 

See this section in 1944 Supplement. 

§§ 6269-1 thru 6269-5. South Carolina Convalescent Home for crippled chil- 
dren. 

See these sections in 1944 Supplement. 

§ 6281. Domestic animals not run at large — exceptions. 

See this section in 1944 Supplement. 

§ 6333. Carnivals and traveling tent shows. — * * * 

(2) Penalties — further exhibition — license fees. — (e) Provided, that the pro- 
hibition of carnivals and tent shows provided by the terms of this section as 
now or hereafter amended, shall not apply within the limits of Aiken, Allen- 
dale, Barnwell, Berkeley, Calhoun, Chester, Clarendon, Florence, Greenville, 
Greenwood, Hampton, Marlboro, Newberry, Orangeburg, Pickens, Richland, 
Saluda, Spartanburg, Sumter and Union Counties ; and carnivals and tent 
shows shall be permitted to therein exhibit without license (except the license 
tax upon admissions provided by section 2531) when such exhibitions are un- 
der the auspices of a regularly established post of the American Legion in 
the county in which such exhibitions are had; provided, that the arrangements 
between such carnivals and tent shows and the legion posts under whose 
auspices they exhibit shall have been made at least three da3's before the 
commencement of any exhibition; provided, further, that in the county of 
Sumter, all such carnivals and tent shows, exhibiting under the auspices of 
the American Legion in said county, shall file with the clerk of court of said 
county at least twenty-four hours before the commencement of any exhibition, 



§ 6333 1946 Supplement 226 

an agreement in writing, signed on the part of the American Legion post by 
the commander of said post or other officer duly authorized by said American 
Legion organization, evidencing the fact that such exhibition is under the 
sponsorship of the American Legion, describing the nature of such carnival 
or show, and the terms of agreement with the American Legion and when not 
so sponsored by the American Legion in said county, all such carnivals and 
tent shows shall pay to the clerk of court of said county before exhibiting 
in said county, an annual license fee of one hundred dollars, such license to 
cover only the then remaining period of the calendar year in which such license 
is paid. 

1945 (44) 26. 

Subdivision (c) above replaces said subdivision in 1942 Code. 1945 p 26 added last 
proviso and changed punctuation. 

§ 6334. Carnivals, etc., accompanied by games of chance prohibited in Clar- 
endon, Greenwood, Marion and Oconee and Williamsburg Counties. 

See this section in 1944 Supplement. 

§ 6334-1. Not operate carnival show in Fort Mill township, York County. — 
It shall be unlawful for any carnival shoAv to operate or show within Fort Mill 
township, in York County, South Carolina. 

Any person owning, operating, or who is connected with or employed by 
am' carnival company, violating the provisions of this section shall be guilty 
of a misdemeanor, and upon conviction shall be punished by a fine of not 
less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) 
dollars, or imprisoned for not less than five (5) days nor more than thirty 
(30) days. Every performance or exhibition of such show shall be a separate 
offense. Provided, that in the section of Fort jMill township outside of the 
town of Fort Mill, the magistrate of Fort Mill district shall have jurisdiction 
of offenses against this section, and that within the town of Fort Mill the 
mayor shall have jurisdiction of offenses against this section. 

1945 (44) 61. 

§ 6363. Plant food contents of fertilizers — minimum percent of nitrogen in 
nitrate of soda and sulphate of ammonia. — (A) No fertilizer with a guarantee 
of two or more plant food ingredients, or no mixed fertilizer shall be sold or 
offered for sale for fertilizer purposes in this State, which contains less than 
20% of plant food, provided that mixed fertilizers with 25%) or more of 
the nitrogen in insoluble form shall contain a minimum of 18% of plant 
food ingredients. This shall not apply to animal or vegetable products not 
mixed with other fertilizer materials. A maximum of 25 grade ratios of 
two or more plant food ingredients in mixed fertilizers approved by the 
fertilizer board of control can be registered for sale in this State. The higher 
analyses shall be multiples of the approved grade ratios. 

(B) No nitrate of soda containing less than fifteen and one-fourth (15.25) 
percent of nitrogen and no sulphate of ammonia containing less than twenty 
and one-fourth (20.25) percent of nitrogen shall be registered, sold or offered 
for sale in this State. No superphosphate shall be sold or offered for sale 



227 Code of Laws of South Carolina § 6424 

for fertilizer purposes within the State, which contains less than 18 % of 
available plant food. 

(C) This section shall not apply to the sale or the offer for sale of fertilizer 
materials to a fertilizer manufacturer for manufacturing purposes. 
1945 (44) 97. 
Above section replaces § 6363 in 1942 Code. 

§ 6408. Cotton weigher at Wagener. 

See this section in 1944 Supplement. 

§ 6410. Cotton weighers, Bamberg County. 

See this section in 1944 Supplement. 

§ 6412. Cotton weighers, Calhoun County. 

See this section in 1944 Supplement. 

§ 6418. Cotton weighers, Chester County. 

See this section in 1944 Supplement. 

§ 6419. Cotton weighers, Chesterfield County. 

See this section in 1944 Supplement. 

§ 6419-1. Cotton weighers, Manning and Summerton. 

See this section in 1944 Supplement. 

§ 6420. Cotton weighers at Lodge, Smoaks and Walterboro. — Repealed hy 
lOJfJf Acts and Joint Resolutions (1^3 Statutes at Large) pages 2272 and 2273. 

§ 6424. Cotton weigher at Johnston. — On the third Saturday in August, 1931, 
and on the same day every two years thereafter, there shall be conducted in 
the town of Johnston, Edgefield County, S. C, an election at which there 
shall be elected one public cotton weigher for said town, whose term of office 
shall begin on the 1st day of September thereafter, and continue for a period 
of two years, or until his successor shall have been elected and qualified, 
at which election only such qualified electors who shall buy or sell cotton 
in the town of Johnston, and who live within a radius of six miles from the 
depot of said town shall be eligible to vote. All persons offering to vote in 
said election shall be required to take an oath that he or she is a registered 
elector, above the age of twenty-one years, sells or buys cotton in the town 
of Johnston, and has not voted in the same year for cotton weigher at any 
other place in Edgefield County. The said cotton weigher shall be paid for 
his services twenty (20^) cents for every bale of cotton weighed by him, ten 
(100) cents to be paid by the purchaser and ten (10(7') cents to be paid by 
the seller. 

For the purpose of holding the election provided for in this section, the 
county commissioners of Edgefield County, shall, thirty days before such 
election, appoint three managers and a clerk who shall be required to take 
their oath as managers and who shall conduct such election as general elec- 
tions are now conducted, and who shall declare the result of said election, 
and the one person receiving the highest number of votes cast shall be declared 



§ 6424 1946 Supplement 228 

to be the duly elected cotton weigher for the said town: provided, that at 
least three weeks' public notice of the time and place of such election shall 
be given by posting notices thereof in at least three conspicuous places within 
the territory or by publication of said notice in some new^spaper published 
in Edgefield County. Provided, further, that in case of a vacancy in said office 
by reason of death, resignation or otherwise the office shall be filled by ap- 
pointment within thirty (30) days by a majority vote of the county com- 
missioners and the county supervisor. However, should the county com- 
missioners and the county supervisor deem it advisable to fill said unexpired 
term of office by means of electing some person to said office, they shall have 
the right and authority to call an election for that purpose, and said election 
shall be held in the manner, and under the same rules, regulations and con- 
ditions hereinabove prescribed for the election of a cotton weigher to a 
regular or full term of office. But under no circumstances shall the said office 
remain vacant for more than thirty (30) days, it being mandatory that the 
same be filled within that time by one of the two above stipulated methods. 

1946 (44) 1347. 

1946 p 1347 increased compensation of cotton weigher to 20c per bale from 10(* per 
bale and changed punctuation some. Above section replaces § 6424, 1942 Code. 

§ 6429. Cotton weighers for Camden, and DeKalb and Wateree townships, 
Kershaw County. 

See this section in 1944 Supplement. 

§ 6430. Cotton weigher at Bethune. — Repealed by lOJfJf. Acts and Joint Reso- 
lutions (43 Statutes at Large) pages 22oJf. and 2255. 

§ 6432. Cotton weigher at Cross Hill. 

See this section in 1944 Supplement. 

§ 6437. Cotton weigher at Swansea. 

See this section in 1944 Supplement. 

§ 6440. Cotton weigher at McCormick. 

See this section in 1944 Supplement. 

§ 6456. Cotton weigher at Kingstree. 
See this section in 1944 Supplement. 

§ 6469. Commissioner of agriculture sue or be sued — guarantee of weight, 
class and grade — linters — warehouse receipt — inspect warehouses quarterly. — 

The said commissioner of agriculture shall also have the power to sue or be 
sued in the courts under the civil code of South Carolina upon the same 
terms as an individual or corporation, the action to be against or by said com- 
missioner of agriculture as representative of the State. Suits may be brought 
in the county of Richland or in the county in which the cause of action ac- 
crued ; provided, however, that the weights, classes and grades of cotton, if 
shown on the warehouse receipt issued therefor, or other nonperishable farm 
products on storage, are under §§ 6466 thru 6486 only guaranteed by the 
State in favor of those who loan money, or buy cotton stored in warehouses : 



229 Code of Laavs of South Carolina § 6474 

provided, that cotton designated as 'linters' shall not be received for storage 
under the provisions of said section ; provided, further, that the State shall not 
be responsible for such fluctuations in weight as representing ordinary cli- 
matic conditions. The said commissioner of agriculture shall receive for 
storage lint cotton properly baled. There shall be a receipt issued for such 
cotton under the seal and signature of the said commissioner of agriculture, 
or by his deputy thereunto duly authorized and in the name of the State of 
South Carolina, stating location of warehouse, name of manager, the tag 
number on said bale, weight, grade and staple so as to be able to deliver on 
surrender of receipt the identical cotton for which it was given; provided, 
however, the grade and staple may be omitted at the request of the depositor. 
Such receipt may be issued in bearer or order form. For the purpose of 
negotiation the bearer form of receipt requires no endorsement. Order receipt 
does require an endorsement by the transferor each time it is transferred from 
one party to another, and the cotton which each kind of said receipt repre- 
sents is to be delivered only on the physical surrender of the receipt which 
is to be marked 'cancelled' and retained by the warehouseman, subject to 
the order of the commissioner of agriculture, before the cotton is removed 
from the warehouse; provided, that all receipts heretofore issued in accord- 
ance herewith are hereby ratified and made of full legal effect ; and provided, 
further, each warehouse shall be inspected and checked up at least once in 
every three (3) months. 

1945 (44) 72. 

Above section replaces § 6469, 1942 Code. 

§ 6470. Tag: each bale of cotton stored. — Each bale of cotton accepted for 
storage in a warehouse operated under the state warehouse system shall be 
identified by a numbered tag affixed to the bale, which tag shall be so de- 
designed that the brand 'South Carolina' will be unmistakable, the palmetto 
tree, witli a bale of cotton lying at the roots, and the shield of the State shall 
be printed thereon. 

1945 (44) 72. 

Above section replaces § 6470, 1942 Code. 

§ 6472. Commissioner report annually. — The commissioner of agriculture 
shall make an annual report to tlie General Assembly setting forth, viz.: "A" 
— number and location of each warehouse where cotton has been received 
for storage by the State. 'B' — cotton on storage and that delivered on 
presentation of receipt. 'C — moneys received and disbursed, 

1945 (44) 72. 

Above section replaces § 6472, 1942 Code. 

§ 6474. Warehouse receipts — contents — execution.- — The warehouse receipt 
forms shall be designed hy the commissioner and furnished the managers of 
each warehouse. The receipts must be numbered and the warehouse receiv- 
ing such forms must account for each receipt. The receipts may have the 
lithographed or engraved signature of the commissioner of agriculture, but 
the same shall be signed with pen and ink, or indelible pencil, or with a 



§ 6474 1946 Supplement 230 

mechanical devise approved by the commissioner, by the manager of the local 
warehouse. 

1945 (44) 72. 

Above section replaces § 6474, 1942 Code. 

§ 6476. Duplicate warehouse receipt — issuance. — Any manager, employee or 
servant who shall issue, or aid in issuing a duplicate or additional receipt for 
cotton, knowing that the former receipt or any part thereof is outstanding, 
shall be punished as in the laws of this State provided for forgery ; except in 
cases where a receipt has become lost or destroyed and the goods delivered or a 
duplicate receipt issued in accordance with the provisions of law covering 
such cases. 

1945 (44) 72. 

Above section replaces § 6476. 1942 Code. 

§ 6476-1. Warehouse receipt lost or destroyed — issue duplicate. — Where a 
negotiable receipt has been lost or destroyed a warehouseman may issue a 
duplicate receipt upon the same terms and conditions and bearing on its face 
the number and date of the receipt in lieu of which it is issued in a plain 
and conspicuous manner. The warehouseman, before issuing such duplicate 
receipt, shall require the depositor or other person applying therefor to file 
with the warehouseman an affidavit showing that he is lawfully entitled to 
the possession of the original receipt; that he has not negotiated or assigned 
it; and the posting of a bond in an amount double the value at the time his 
bond is given for the cotton or other products represented by the lost or 
destroyed receipt. Such bond shall be in a form approved by the commis- 
sioner of agriculture or his designated deputy, ' and shall be conditioned to 
indemnify the warehouseman against any loss by reason of the issuance of 
such duplicate receipt. The surety thereon shall be a surety company'- licensed 
to do business and subject to service of process in a suit on the bond in the 
State of Suth Carolina, or at least two individuals Avho are residents of such 
State and each of whom owns real property therein having a value in excess 
of all exemptions and encumbrances equal to tlie amount of tlie bond. 
1945 (44) 72. 

§ 6477. Not make delivery without negotiable warehouse receipt. — Except 
as provided by law, any manager, employee, agent or servant who sliall de- 
liver cotton or other products for which a negotiable warehouse receipt is 
outstanding from a warehouse under this article without requiring the sur- 
render of the receipt therefor, or who fails to mark such receipt 'cancelled' 
on the delivery of the cotton or other products shall be punished b^^ a fine 
of not more than five thousand dollars ($5,000.00) or imprisonment not more 
than five years, or by both fine and imprisonment, in tlie discretion of the 
court, i^rovided that if the original receipt has been lost and destroyed and a 
duplicate receipt has been issued in the manner provided in section 6476-1, 
then and in that event the surrender and cancellation of said duplicate receipt 
shall be a sufficient compliance with this article. 

1945 (44) 72. 

Above section replaces § 6477, 1942 Code. 



231 Code of Laws of South Carolina § 6649 

§ 6481. Insurance — lien on goods stored for insurance and storage. — The 

commissioner shall insure and shall keep insured against loss or damage bj' 
fire, for its full value, upon the best terms obtainable by individual or blanket 
policies, all cotton and other products on storage unless requested by the 
depositor in writing not to insure such cotton or other products and in such 
instance when the cotton or other products are not insured a statement to 
such effect shall be plainly and conspicuously inserted on the face of the 
receipt. In case of loss he shall collect the insurance and pay the same ratably 
to those lawfully entitled thereto. The insurance policies shall be made pay- 
able to the State of South Carolina and the premiums collected from the 
owners of the cotton or other products, the State to have a lien on the cotton 
or other products for insurance and storage charges, the same as other public 
warehouses in the State. 

1942 (42) 1524; 1945 (44) 72. 

Above section replaces section 6481, 1942 Code and 1944 Supplement. 

§ 6486. "Cotton" defined. 

See this section in 1944 Supplement. 

§ 6566. Rules for measuring ranging timber — penalty for violation. — Re- 
pealed by 19If3 Acts and Joint Resolutions (J^S Statutes at Large) pages 270 and 
271. 

§ 6567. Timber not to be sold in Charleston except by board measurement. — 

Repealed hy 1943 Acts and Joint Resolutions (43 Statutes at Large) pages 270 
and 271. 

§ 6568. Annual election of inspectors in Beaufort, Port Royal and George- 
town — bond and oath. — Repealed hy 1943 Acts and Joint Resolutions (43 Stat- 
utes at Large) pages 270 and 271. 

§ 6569. Surveyors and inspectors to m,easure timber on request — sale of tim- 
ber in bulk. — Repealed hy 1943 Acts and Joint Resolutions (4o Statutes ai 
Large) pages 270 and 271. 

§ 6570. Measured lumber to be inspected by licensed measurers. — Repealed hy 
1943 Acts and Joint Resolutions (43 Statutes at Large) pages 270 and 271. 

§ 6571. Fees of measurers.— Repealed hy 1943 Acts and Joint Resolutions (43 
Statutes at Large) pages 270 and 271. 

§ 6649. Sale of flour, meal, hominy and grits in containers. — It shall be un- 
lawful for any person, partnership, corporation, company, cooperative society, 
or organization to pack for sale, sell, offer or expose for sale in South Caro- 
lina au}^ of the following commodities except in containers of net avoirdupois 
weights of two (2), five (5), ten (10), twenty-five (25), fifty (50) and one 
hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat 
flour, self -rising wheat flour, phosphated wheat flour, bromated flour, enriched 
flour, enriched self -rising flour, enriched bromated flour, corn flour, corn meals, 
hominy and hominy grits; provided, however, that the provisions of this sec- 



§ 6649 1946 Supplement 232 

tion shall not apply to (a) the retailing of flours, meals, hominy and hominy 
grits direct to the consumer from bulk stock, or (b) the sale of flours and 
meals to commercial bakers or blenders or for export in containers of more 
than one hundred (100) pounds, or (c) flours, meals, hominy, and hominy 
grits packed in cartons, the net contents of which are less than five (5) 
pounds, or (d) flours, meals, hominy and hominy grits, given by mills grinding 
for toll or given in exchange for wheat or corn. 

Any violation of this section shall constitute a misdemeanor and upon con- 
viction, the offender shall be fined not less than twenty-five ($25.00) dollars, 
nor more than one hundred ($100.00) dollars for each offense. 

1945 (44) 55. 

Above section superseded § 6649 in 1942 Code. 

§ 6719. Powers as to lines, wharves, docks, etc. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of board of harbor commissioners of the port of Charles- 
ton on S. C. state ports authority. 

§ 6720. Penalty for building wharves or other obstructions beyond limits 
without authority. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of board of harbor commissioners of the port of Charles- 
ton on S. C. state ports authority. 

§ 6721. Duties of harbor commissioners as to docks — owners liable for 
neglect. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of board of harbor commissioners of the port of Charles- 
ton on S. C. state ports authority. 

§ 6727. Powers. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of port utilities commission of port of Charleston on 
S. C. state ports authority. 

§ 6728. Notice to owners to repair wharves. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of port utilities commission of port of Charleston on 
S. C. state ports authority. 

§ 6729. May order improvements. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of port utilities commission of port of Charleston on 
S. C. state ports authority. 

§ 6730. May examine. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of port utilities commission of port of Charleston on 
S. C. state ports authority. 

§ 6731. Duties of wharf owners. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of port utilities commission of port of Charleston on 
S. C. state ports authority. 



233 . Code of Laws of South Carolina § 7017-3 

§ 6732. Penalties for violations. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of port utilities commission of port of Charleston on 
S. C. state ports authority. 

§ 6733. Appeals. 

1945 Acts and Joint Resolutions (44 Statutes at Large) pages 365 thru 367 devolved 
duties and powers hereunder of port utilities commission of port of Charleston on 
S. C. state ports authority. 

§ 6734. Charleston is state port. 

See this section in 1944 Supplement. 

§ 6740. Usury. 

Penalties herein imposed may be col- recover the principal sum. Globe In- 
lected by a separate action or allowed as demnity Co. v. Cooper Motor Lines, Inc., 
a counterclaim in any action brought to 1945, 206 S. C. 154, 33 S. E. 2d 405. 

CHAPTER 143-A 

Uniform Stock Transfer Act 

§ 7017-1. Methods transfer title to certificate and shares of stocks in a cor- 
poration represented thereby. — Title to a certificate and to the shares of stock 
in a corporation represented thereby can be transferred only. 

(a) By delivery of the certificate indorsed either in blank or to a specified 
person by the person appearing by the certificate to be the owner of the 
shares represented thereby or 

(b) By delivery of the certificate and a separate docnment containing a 
written assignment of the certificate or a power of attorney to sell, assign, 
or transfer the same or the shares represented thereby signed by the person 
appearing by the certificate to be the owner of the shares represented thereby. 
Such assignment or power of attorney may be either in blank or to a specified 
person. 

The provisions of this section shall be applicable although the charter or 
articles of incorporation or code of regulation or by-laws of the corporation 
issuing the certificate and the certificate itself provide that the shares repre- 
sented thereby shall be transferable only on the book of the corporation or 
shall be registered by a registrar or transferred by a transfer agent. 

1945 (44) 270. 

§ 7017-2. Powers of persons lacking legal capacity, and fiduciaries. — Nothing 
in this chapter shall be construed as enlarging the powers of an infant or 
other person lacking full legal capacity, or of a trustee, executor or adminis- 
trator, or other fiduciary, to make a valid endorsement, assignment or power 
of attorney. 
1945 (44) 270. 

§ 7017-3. Rights and liabilities of persons registered as owners of shares. — 

Nothing in this chapter shall be construed as forbidding a corporation, 

(a) To recognize the exclusive right of a person registered on its books 
as the owner of shares to receive dividends, and to vote as such owner, or 



§ 7017-3 1946 Supplement 234 

(b) To hold liable for calls and assessments a person registered on its books 
as the owners of shares. 
1945 (44) 270. 

§ 7017-4. Interest of transferee under power of attorney or assignment not 
written on certificate ceases if prior to surrender of certificate same acquired 
by innocent purchaser for value. — The title of a transferee of a certificate un- 
der a power of attorney or assignment not written upon the certificate, and the 
title of any person claiming under such transferee, shall cease and determine 
if, at any time prior to the surrender of the certificate to the corporation 
issuing it, another person, for value in good faith, and without notice of the 
prior transfer, shall purchase and obtain delivery of such certificate with the 
indorsement of the person appearing by the certificate to be the owner thereof, 
or shall purchase and obtain delivery of such certificate and the written as- 
signment or power of attorney of such person, though contained in a separate 
document. 

1945 (44) 270. 

§ 7017-5. Delivery of certificate to transfer title. — The delivery of a cer- 
tificate to transfer title in accordance with the provisions of § 7017-1, is effec- 
tual, except as provided in § 7017-7, though made by one having no right 
of possession and having no authority from the oAvner of the certificate or 
from the person purporting to transfer the title. 
1945 (44) 270. 

§ 7017-6. Indorsement of certificate by person appearing- to be owner. — The 

indorsement of a certificate by the person appearing by the certificate to be 
the owner of the shares represented thereby is effectual, except as provided 
in § 7017-7, though the indorser or transferor. 

(a) was induced by fraud, duress or mistake, to make the indorsement or 
delivery, or 

(b) has revoked the delivery of the certificate, or the authority given by 
the indorsement or delivery of the certificate, or 

(c) has died or become legally incapacitated after the indorsement, whether 
before or after the delivery of the certificate, or 

(d) has received no consideration. 
1945 (44) 270. 

S 7017-7. When reclaim certificate or rescind transfer — enforcement. — If the 
indorsement or delivery of a certificate 

- (a) was procured by fraud or duress, or 

-(b) was made under such mistake as to make the indorsement or delivery 
inequitable ; or 

If the delivery of a certificate was made 

■(c) without authority from the OAvner, or 

(d) after the OAvner's death or legal incapacity, the possession of the cer- 
tificate may be reclaimed and the transfer thereof rescinded, unless: 

(1) The certificate has been transferred to a purchaser for value in good 
faith Avithout notice of any facts making the transfer Avrongful, or 



235 Code of Laavs of South Carolina § 7017-12 

(2) The injured person has elected to waive the injury, or has been guilty 
of laches in endeavoring to enforce his rights. 

Any court of appropriate jurisdiction may enforce specifically such right 
to reclaim the possession of the certificate or to rescind the transfer thereof 
and, pending litigation, may enjoin the further transfer of the certificate or 
impound it. 

1945 (44) 270. 

§ 7017-8. Subsequent transfer after transfer voided. — Although the transfer 
of a certificate or the shares represented thereby has been rescinded or set 
aside, nevertheless, if the transferee has possession of the certificate or of a 
new certificate representing part of the whole of the same shares or stock, 
a subsequent transfer of such certificate by the transferee, mediately or im- 
mediately, to a purchaser for value in good faith, without notice of any facts 
making the transfer wrongful, shall give such purchaser an indefeasible 
right to the certificate and the shares represented thereby. 
1945 (44) 270. 

§ 7017-9. Transfer by delivery without endorsement, — The delivery of a cer- 
tificate by the person appearing by the certificate to be the owner thereof 
without the indorsement requisite for the transfer of the certificate and the 
shares represented thereby, but with intent to transfer such certificate or 
shares, shall impose an obligation, in the absence of an agreement to the 
contrary, upon the person so delivering, to complete the transfer by making 
the necessary indorsement. The transfer shall take effect as of the time when 
the indorsement is actually made. This obligation may be specifically 
enforced. 

1945 (44) 270. 

§ 7017-10. Attempted transfer without delivery. — An attempted transfer of 
title to a certificate or to the shares represented thereby without delivery of 
the certificate shall have the effect of a promise to transfer and the obligation, 
if any, imposed by such promise shall be determined by the law governing 
the formation and performance of contracts. 
1945 (44) 270. 

§ 7017-11. Warranties of transferor for value.— A person who for value 
transfers a certificate, including one who assigns for value a claim secured 
by a certificate, unless a contrary intention appears, warrants — 

(a) That the certificate is genuine. 

(b) That he has a legal right to transfer it, and 

(e) That he has no knowledge of any fact which would impair the validity 

of the certificate. 
In the case of an assignment of a claim secured by a certificate the liability 
of the assignor upon such warranty shall not exceed the amount of the claim. 
1945 (44) 270. 

§ 7017-12. Holders of certificates for seciirity — payment. — A mortgagee, 
pledgee or other holder for security of a certificate Avho in good faith de- 
mands or receives payment of the debt for which such certificate is security, 



§ 7017-12 1946 Supplement 236 

whether from a party to a draft drawn for such debt, or from any other 
person, shall not by so doing be deemed to represent or to warrant the gen- 
uineness of such certificate, or the value of the shares represented thereby. 
1945 (44) 270. 

§ 7017-13. Attachment or levy — new certificates. — No attachment or levy 
upon shares of stock for which a certificate is outstanding- shall be valid until 
such certificate be actually seized by the officer making the attachment or 
levy, or be surrendered to the corporation which issued it, or its transfer 
by the holder be enjoined. Except where a certificate is lost or destroyed, 
such corporation shall not be compelled to issue a new certificate for the 
stock until the old certificate is surrendered to it. 
1945 (44) 270. 

§ 7017-14. Debtor owner of certificate — rights of creditor. — A creditor whose 
debtor is the owner of a certificate shall be entitled to such aid from courts 
of appropriate jurisdiction, by injunction and otherwise, in attaching such 
certificate or in satisfying the claim by means thereof as is allowed at law 
or in equity, in regard to property which cannot readily be attached or 
levied upon by ordinary legal process. 
1945 (44) 270. 

§ 7017-15. Lien on or restriction on transfer by issuing corporation. — There 
shall be no lien in favor of a corporation upon the shares ropi-esonted by a 
certificate issued by such corporation and there shall be no restriction upon 
the transfer of shares so represented by virtue of any b}- laws of such corpora- 
tion, or otherwise, unless the right of the corporation to such lien or the re- 
striction is stated upon tlie cei'tificate. 
1945 (44) 270. 

§ 7017-16. Alteration of certificate. — The alteration of a certificate, whether 
fraudulent or not and by whomsoever made, shall not deprive the owner of 
his title to the certificate and the shares originally represented thereby, and 
the transfer of such certificate shall convey to the transferee a good title to 
such certificate and to the shares originally represented thereby. 

§ 7017-17. Lost or destroyed certificate. — Where a certificate has been lost 
or destroyed a court of competent jurisdiction may order the issue of a new 
certificate therefor on service of process upon the corporation and on reason- 
able notice by publication, and in am- other way which the court ma}^ direct, 
to all persons interested, and upon satisfactory proof of such loss or destruc- 
tion and upon the giving of a bond with sufficient surety to be approved by 
the court to protect the corporation or any person injured by the issue of the 
new certificate from any liability or expense, which it or they may incur by 
reason of the original certificate remaining outstanding. The court may also 
in its discretion order the payment of the corporation's reasonable costs and 
counsel fees. 

The issue of a new certificate under an order of the court as provided in 
this section, shall not relieve the corporation from liability in damages to a 
person to whom the original certificate has been or shall be transferred for 



237 Code of Laws of South Carolina § 7017-22 

value without notice of the proceedings or of the issuance of the new cer- 
tificate. Provided, however, that the foregoing provisions for the issuance 
of a new certificate of stock shall not be a substitute for sections 7682, 7683 
and 7684, and the rights, remedies and reliefs as hereinabove provided in this 
§ 7017-17 shall be cumulative and alternative to those which said sections 
of the 1942 Code are not to be held as inconsistent with this legislation. 
1945 (44) 270. 

§ 7017-18. Other cases.- — In any case not provided for by this chapter the 
rules of law and equity, including the law merchant, and in particular the 
rules relating to the law of principal and agent, executors, administrators 
and trustees, and to the effect of fraud, misrepresentation, duress or coercion, 
mistake, bankruptcy, or other invalidating cause, shall govern. 
1945 (44) 270. 

§ 7017-19. Interpretation. — This chapter shall be so interpreted and con- 
strued as to effectuate its general purpose to make uniform the law of those 
states which enact it. 
1945 (44) 270. 

§ 7017-20. When certificate indorsed. — A certificate is indorsed when an as- 
signment or a i^ower of attorney to sell, assign, or transfer the certificate or 
the shares represented thereby is written on the certificate and signed by the 
person appearing by the certificate to be the owner of the shares represented 
thereby, or when the signature of such person is written without more upon 
the back of the certificate. In any of such cases a certificate is indorsed 
though it has not been delivered. 
1945 (44) 270. 

§ 7017-21. Owner of certificate. — The person to whom a certificate was orig- 
inally issued is the person appearing by the certificate to be the owner thereof, 
and of the shares represented thereby, until and unless he indorses the cer- 
tificate to another person, and thereupon such other specified person is the 
person appearing by the certificate to be the owner thereof until and unless 
he also indorses the certificate to another specified person. Subsequent special 
indorsements may be made with like effect. 
1945 (44) 270. 

§ 7017-22. Definitions. — (1) In this chapter, unless the context or subject 
matter otherwise requires — 

"Certificate" means a certificate of stock in a corporation organized under 
the laws of this State or of another State whose laws are consistent with this 
chapter. 

"Delivery" means voluntary transfer of possession from one person to 
another. 

"Person" includes a corporation or partnership or two or more persons 
having a joint or common interest. 

To "purchase" includes to take as mortgagee or as pledgee. 

"Purchaser" includes mortgagee and pledgee. 



§ 7017-22 1946 Supplement 238 

"Shares" means a share or shares of stock in a corporation organized un- 
der the laws of this State or of another State whose laws are consistent with 
this chapter. 

"State" includes State, territory, district, and insular possession of the 
United States. 

"Transfer" means transfer of legal title. 

"Title" means legal title and does not include a merely equitable or bene- 
ficial ownership or interest. 

"Value" is any consideration sufficient to support a simple contract an 
antecedent or pre-existing obligation, whether for money or not, constitutes 
value where a certificate is taken either in satisfaction thereof or a security 
therefor. 

(2) A thing is done "in good faith" within the meaning of this chapter, 
when it is in fact done honestly, whether it be done negligently or not. 

1945 (44) 270. 

§ 7017-23. Certificates applicable. — The provisions of this chapter apply only 
to certificates issued after the taking effect of this chapter. 
1945 (44) 270. 

§ 7017-24. Uniform Stock Transfer Act. — This chapter may be cited as the 
Uniform Stock Transfer Act. 
1945 (44) 270. 

CHAPTER 143-B 

The Uniform Warehouse Receipts Act 

PART I. 

THE ISSUE OF WAREHOUSE RECEIPTS. 

§ 7017-31. Warehouseman issue warehouse receipts. — Warehouse receipts 
may be issued by any warehouseman. 
1945 (44) 119. 

§ 7017-32. Required contents of receipt — liability omit. — Warehouse receipts 
need not be in any particular form, but every such receipt must embody 
Mnthin its written or printed terms — 

(a) The location of the warehouse where the goods are stored. 

(b) The date of issue of the receipt. 

(c) The consecutive number of the receipt. 

(d) A statement Avhether the goods received will be delivered to the bearer, 
to a specified person, or to a specified person or his order. 

(e) The rate of storage charges. 

(f) A description of the goods or of the packages containing them. 

(g) The signature of the warehouseman, which may be made by his author- 
ized agent. 



239 Code of Laws of South Carolina § 7017-37 

(h) If the receipt is issued for goods of which the warehouseman is owner, 
either solely or jointly or in common with others, the fact of such ownership, 
and 

(i) A statement of the amount of advances made and of liabilities incurred 
for which the warehouseman claims a lien. If the precise amount of such 
advances made or of such liabilities incurred is, at the time of the issue of 
the receipt, unknown to the warehouseman or to his agent who issues it, a 
statement of the fact that advances have been made or liabilities incurred 
and the purpose thereof is sufficient. 

A warehouseman shall be liable to any person injured thereby, for all dam- 
age caused by the omission from a negotiable receipt of any of the terms 
herein required. 

1945 (44) 119. 

§ 7017-33. Additional contents of receipt. — A warehouseman may insert in a 
receipt, issued by him, any other terms and conditions, provided that such 
terms and condition shall not — 

(a) Be contrary to the provisions of this chapter. 

(b) In any wise impair his obligation to exercise that degree of care in the 
safe-keeping of the goods entrusted to him which a reasonably careful man 
would exercise in regard to similar goods of his own. 

1945 (44) 119. 

§ 7017-34. Non-negotiable receipt. — A receipt in which it is stated that the 
goods received will be delivered to the depositor, or to any other specified 
person, is a non-negotiable receipt. 
1945 (44) 119. 

§ 7017-35. Negotiable receipt. — A receipt in which it is stated that the goods 
received will be delivered to the bearer, or to the order of any person named 
in such receipt is a negotiable receipt. 

No provision shall be inserted in a negotiable receipt that it is non-negotia- 
ble. Such provision, if inserted, shall be void. 

1945 (44) 119. 

§ 7017-36. Duplicate negotiable receipt — liability. — When more than one ne- 
gotiable receipt is issued for the same goods, the word "duplicate" shall be 
plainly placed upon the face of every such receipt, except the one first issued. 
A warehouseman shall be liable for all damage caused by his failure so to do 
to any one who purchased the subsequent receipt for value supposing it to be 
an original, even though the purchase be after the delivery of the goods by 
the warehouseman to the holder of the original receipt. 
1945 (44) 119. 

§ 7017-37. Designate non-negotiable receipts — liability. — A non-negotiable 
receipt shall have plainly placed upon its face by the Avarehouseman issuing it 
"non-negotiable," or "not negotiable." In case of the warehouseman's 
failure so to do, a holder of the receipt who purchased it for value supposing 
it to be negotiable, may, at his option, treat such receipt as imposing upon 



§ 7017-37 1946 Supplement 240 

the warehouseman the same liabilities he would have incurred had the receipt 
been negotiable. 

This section shall not apj^ly, however, to letters, memoranda, or written 
acknowledgments of an informal character. 
1945 (44) 119. 

PART II. 

OBLIGATIONS AND RIGHTS OF WAREHOUSEMEN UPON THEIR 

RECEIPTS. 

§ 7017-38. Delivery of goods — failure. — A warehouseman, in the absence of 
some lawful excuse provided by this chapter, is bound to deliver the goods 
upon a demand made either by the holder of a receipt for tlie goods or ])y the 
depositor, if such demand is accompanied with — 

(a) An offer to satisfy the warehouseman's lien, 

(b) An offer to surrender the receipt if negotiable, with such indorsements 
as would be necessary for the negotiation of the receipt, and 

(c) A readiness and willingness to sign, when the goods are delivered, an 
acknowledgment that they have been delivered, if such signature is requested 
by the warehouseman. 

In case the warehouseman refuses or fails to deliver the goods in compli- 
ance with a demand by the holder or depositor so accompanied, tlu^ burden 
shall be upon the warehouseman to establish the existence of a lawful excuse 
for such refusal. 

1945 (44) 119. 

§ 7017-39. Delivery justified. — A warehouseman is justified in delivering the 
goods, subject to the provisions of the three following sections, to one who is — 

(a) The person lawfully entitled to the possession of the goods, or his agent, 

(b) A person who is either himself entitled to delivery by the terms of a 
non-negotiable receipt issued for the goods, or who has written authority from 
the person so entitled either indorsed upon the receipt or written upon an- 
other paper, or 

(c) A person in possession of a negotiable receipt by the terms of which 
the goods are deliverable to him or order or to bearer, or Avhicli has been 
endorsed to him or in blank by the person to whom delivery was promised by 
the terms of the receipt or by his mediate or immediate indorsee. 

1945 (44) 119. 

§ 7017-40. Liability for unlawful delivery. — Where a warehouseman delivers 
the goods to one who is not in fact lawfully entitled to the possession of them, 
the warehouseman shall be liable as for conversion to all having a right of 
property or possession in the goods if he delivered the goods otherwise than 
as authorized by subdivisions (b) and (c) of section 7017-39 and though he 
delivered the goods as authorized by said subdivisions he shall be so liable ; 
if prior to such delivery he had either, (a) been requested, by or on behalf 



241 Code of Laavs of South Carolina § 7017-44 

of the person lawfully entitled to a right of property or possession in the 
goods, not to make such delivery, or 

(b) had information that the delivery about to be made was to one not 
lawfully entitled to the possession of the goods. 

1945 (44) 119. 

§ 7017-41. Delivery without receipt — liability. — Except as provided in §7017- 
66, where a warehouseman delivers goods for which he had issued a negotiable 
receipt, the negotiation of which would transfer the right to the possession 
of the goods, and fails to take np and cancel the receipt, he shall be liable 
to any one who purchases for value in good faith such receipt, for failure to 
deliver the goods to him, whether such purchaser acquired title to the receipt 
before or after the delivery of the goods b}' the warehouseman. 
1945 (44) 119. 

§ 7017-42. Delivery of part of goods — liability. — Except as provided in 
§ 7017-66, where a warehouseman delivers part of the goods for which he had 
issued a negotiable receipt and fails either to take up and cancel such receipt, 
or to place plainly upon it a statement of what goods or packages have been 
delivered he shall be liable, to any one who purchases for value in good faith 
such receipt, for failure to deliver all the goods specified in the receipt, 
whether such purchaser acquired title to the receipt before or after the de- 
livery of any portion of the goods by the warehouseman. 
1945 (44) 119. 

§ 7017-43. Alteration of receipt — liability. — The alteration of a receipt shall 
not excuse the warehouseman who issued it from any liability if such altera- 
tion was 

(a) Immaterial, 

(b) Authorized, or 

(c) Made without fraudulent intent. 

If the alteration was authorized, the warehouseman shall be liable according 
to the terms of the receipt as altered. If the alteration was unauthorized, but 
made without fraudulent intent, the warehouseman shall be liable according 
to the terms of the receipt, as they were before alteration. 

Material and fraudulent alteration of a receipt shall not excuse the ware- 
houseman who issued it from liability to deliver, according to the terms of the 
receipt as originally issued, the goods for which it was issued, but shall excuse 
him from any other liability to the person who made the alteration and to 
any person who took with notice of the alteration. Any purchaser of the 
receipt for value without notice of the alteration shall acquire the same rights 
against the warehouseman which such purchaser would have acquired if the 
receipt had not been altered at the time of the purchase. 

1945 (44) 119. 

§ 7017-44. Lost or destroyed negotiable receipt — issue duplicate. — Where a 
negotiable receipt has been lost or destroyed a warehouseman may issue a 
duplicate receipt upon the same terms and conditions and bearing on its face 



§ 7017-44 1946 Supplement 242 

the number and date of the receipt in lieu of which it is issued in a plain and 
conspicuous manner. The warehouseman, before issuing such duplicate re- 
ceipt, shall require the depositor or other person applying therefor to file 
with the warehouseman an affidavit showing that he is lawfully entitled to 
the possession of the original receipt; that he has not negotiated or assigned 
it; and the posting of a bond in an amount double the value at the time his 
bond is given for the cotton or other products represented by the lost or 
destroyed receipt. Such bond shall be in a form approved by the commis- 
sioner of agriculture or his designated deputy, and shall be conditioned to 
indemnify the warehouseman against any loss by reason of the issuance of 
such duplicate receipt. The surety thereon shall be a surety company licensed 
to do business and subject to service of process in a suit on the bond in the 
State of South Carolina, or at least two individuals who are residents of 
such State and each of whom owns real property therein having a value in 
excess of all exemptions and encumbrances equal to the amount of the bond. 
1945 (44) 119. 

§ 7017-45. Liability of warehouseman on duplicate receipt. — A receipt upon 
the face of which the word "duplicate" is plainly placed is a representation 
and warranty by the warehouseman that such receipt is an accurate copy of 
an original receipt properly issued and uncancelled at the date of the issue of 
the duplicate, but shall impose upon him no other liability. 
1945 (44) 119. 

§ 7017-46. Refusal to deliver goods — liability. — No title or right to the pos- 
session of the goods, on the part of the warehouseman, unless such title or 
right is derived directly or indirectly from a transfer made by the depositor 
at the time of or subsequent to the deposit for storage, or from the ware- 
houseman's lien, shall excuse the warehouseman from liability for refusing 
to deliver the goods according to the terms of the receipt. 
1945 (44) 119. 

§ 7017-47. TMrd person claiming goods. — If more than one person claims 
the title or possession of the goods, the warehouseman may, either as a defense 
to an action brought against him for non-delivery of the goods, or as an 
original suit, whichever is appropriate, require all known claimants to inter- 
plead. 

1945 (44) 119. 

§ 7017-48. Person other than depositor claiming goods. — If some one other 
than the depositor or person claiming under him has a claim to the title or 
possession of the goods, and the warehouseman has information of such claim, 
the warehouseman shall be excused from liability for refusing to deliver the 
goods, either to the depositor or person claiming under him or to the adverse 
claimant, until the warehouseman has had a reasonable time to ascertain the 
validity of the adverse claim or to bring legal proceedings to compel all 
claimants to interplead. 
1945 (44) 119. 



243 Code of Laws of South Carolina § 7017-54 

§ 7017-49. Rights of third person as defense for failure to deliver goods. — 

Except as provided in the two preceding sections and in §§ 7017-39 and 
7017-66, no right or title of a third person shall be a defense to an action 
brought by the depositor or person claiming under him against the ware- 
houseman for failure to deliver the goods according to the terms of the 
receipt. 

1945 (44) 119. 

§ 7017-50. Non-existence of goods or failure of goods correspond with de- 
scription in receipt. — A warehouseman shall be liable to the holder of a receipt, 
issued by him or on his behalf by an agent or employee the scope of whose 
actual or apparent authority includes the issuing of warehouse receipts, for 
damages caused by the non-existence of the goods or by the failure of the 
goods to correspond with the description thereof in the receipt at the time 
of its issue. If, however, the goods are described in a receipt merely by a 
statement of marks, or labels upon them, or upon packages containing them, 
or by a statement that the goods are said to be goods of a certain kind, or 
that the packages containing the goods are said to contain goods of a certain 
kind, or by words of like purport, such statements, if true, shall not make 
liable the warehouseman issuing the receipt, although the goods are not of 
the kind which the marks or labels upon them indicate, or of the kind they 
were said to be by the depositor. 
1945 (44) 119. 

§ 7017-51. Care of goods. — A warehouseman shall be liable for any loss or 
injury to the goods caused by his failure to exercise such care in regard to 
them as a reasonably careful owner of similar goods would exercise, but he 
shall not be liable, in the absence of an agreement to the contrary, for any 
loss or injury to the goods which could not have been avoided by the exercise 
of such care. 
1945 (44) 119. 

§ 7017-52. Storage of goods. — Except as provided in the following section, 
a warehouseman shall keep the goods so far separate from goods of other 
depositors, and from other goods of the same depositor for which a separate 
receipt has been issued, as to permit at all times the identification and re- 
delivery of the goods deposited. 
1945 (44) 119. 

§ 7017-53. Fungible goods — mingling — interest of depositors. — If authorized 
by agreement or by custom, a warehouseman may mingle fungible goods with 
other goods of the same kind and grade. In such case the various depositors 
of the mingled goods shall own the entire mass in common and each depositor 
shall be entitled to such portion thereof as the amount deposited by him 
bears to the whole. 
1945 (44) 119. 

§ 7017-54. Care and redelivery of mingled goods. — The warehouseman shall 
be severally liable to each depositor for the care and re-delivery of his share 



§ 7017-54 1946 Supplement 244 

of such mass to the same extent and under the same circumstances as if the 
goods had been kept separate. 
1945 (44) 119. 

§ 7017-55. Attachment, levy under execution, or impoundment by court.— 

If the goods are delivered to a warehousenuui by the owner or by a person 
whose act in conveying the title to them to a purchaser in good faith for value 
would bind the owner, and a negotiable receipt is issued for them, they can- 
not thereafter, while in possession of the warehouseman, be attached by 
garnishment or otherwise, or be levied upon under an execution, unless the 
receipt be first surrendered to the Avarehouseman, or its negotiation enjoined. 
The warehouseman shall in no case be compelled to deliver up the actual 
possession of the goods until the receipt is surrendered to liim or impounded 
by the court. 
1945 (44) 119. 

§ 7017-56. Debtor owner of negotiable receipt — rights of creditor. — A cred- 
itor whose debtor is the owner of a negotiable receipt shall be entitled to such 
aid from courts of appropriate jurisdiction, by injunction and otherwise, in 
attaching such receipt or in satisfying the claim by means thereof as is al- 
lowed at law or in equity, in regard to property which can not readily be 
attached or levied upon ])y ordinary legal process. 
1945 (44) 119. 

§ 7017-57. Warehouseman's lien on goods. — Subject to the provisions of 
section 7017-60, a warehouseman shall have a lien on goods deposited or on 
the proceeds thereof in his hands, for all lawful charges for storage and 
preservation of the goods; also for all lawful claims for money advanced, 
interest, insurance, transportation. lal)or, weighing, coopering and other 
charges and expenses in relation to such goods; also for all reasonable charges 
and expenses for notice, and advertisements of sale, and for sale of the goods 
Avhere default has been made in satisfying the Avareh(niseman\s lien. 
1945 (44) 119. 

§ 7017-58. Enforcement of warehouseman's lien. — Subject to the provisions 
of § 7017-60 a warehouseman's lien may be enforced. 

(a) Against all goods, whenever deposited, belonging to the person who 
is liable as debtor for the claims in regard to which the lien is asserted, and 

(b) Against all goods belonging to others which have been deposited at any 
time by the person who is liable as debtor for the claims in regard to which 
the lien is asserted if such person has been so entrusted with the possession 
of the goods that a pledge of the same by him at the time of the deposit to 
one who took the goods in good faith for value would have been valid. 

1945 (44) 119. 
§ 7017-59. Loss of warehouseman's lien. — A warehouseman loses his lien 
upon goods 

(a) By surrendering possession thereof, or 

(b) By refusing to deliver the goods when a demand is made with which 
he is bound to comply under the provisions of this chapter. 

1945 (44) 119. 



245 Code of Laws op South Carolina § 7017-63 

§ 7017-60. Warehouseman's lien on goods covered by negotiable receipt. — 

If a negotiable receipt is issued for yoods, the wareliouseman sliall liave no 
lien thereon, except for charges for storage of those goods subsequent to the 
date of the receipt, unless the receipt expresslj- enumerated other charges for 
which a lien is claimed. In such case there shall be a lien for the charges 
enumerated so far as they are within the terms of § 7017-57, although the 
amount of the charges so enumerated is not stated in the receipt. 
1945 (44) 119. 

§ 7017-61. Warehouseman refuse delivery until lien satisfied. — A warehouse- 
man having a lien valid against the person demanding the goods may refuse 
to deliver the goods to him until the lien is satisfied. 
1945 (44) 119. 

§ 7017-62. Remedies of warehouseman collect charges and advances.— 

Whether a warehouseman has or has not a lien upon the goods, he is entitled 
to all remedies allowed by law to a creditor against his debtor, for the col- 
lection from the depositor of all charges and advances which the depositor 
has expressh- or impliedly contracted with the warehouseman to pay. 
1945 (44) 119. 

§ 7017-63. Satisfaction of lien due. — A warehouseman's lien for a claim 
which has become due ma}^ be satisfied as follows: 

The warehouseman shall give a written notice to the person on whose 
account the goods are held, and to any other person known by the ware- 
houseman to claim an interest in the goods. Such notice shall be given by 
delivery in person or by registered letter addressed to the last known place 
of business or abode of the person to be notified. This notice shall contain — 

(a) An itemized statement of the warehouseman's claim, showing the sum 
due at the time of the notice and the date or dates when it became due, 

(b) A brief description of the goods against which the lien exists, 

(c) A demand that the amount of the claim as stated in the notice, and of 
such further claim as shall accrue, shall be paid on or before a day mentioned, 
not less than ten days from the delivery of the notice if it is personalh^ deliv- 
ered, or from the time when the notice should reach its destination, according 
to the due course of post, if the notice is sent by mail, and 

(d) A statement that unless the claim is paid within the time specified the 
goods will be advertised for sale and sold by auction at a specified time and 
place. 

In accordance with the terms of a notice so given, a sale of the goods by 
auction may be had to satisfy any valid claim of the warehouseman for 
which he has a lien on the goods. The sale shall be had in the place where 
the lien was acquired or, if such place is manifestly unsuitable for the pur- 
pose, at the nearest suitable place. After the time for the payment of the 
claim specified in the notice to the depositor has elapsed, an advertisement 
of the sale, describing the goods to be sold, and stating the name of the owner 
or person on Avhose account the goods are held, and the time and place of 
the sale, shall be published once a week for two consecutive weeks in a news- 



§ 7017-63 1946 Supplement 246 

paper published in the place where such sale is to be held. The sale shall 
not be held less than fifteen days from the time of the first publication. If 
there is no newspaper published in such place, the advertisement shall be 
posted at least ten days before such sale in not less than six conspicuous 
places therein. 

From the proceeds of such sale the warehouseman shall satisfy his lien, 
including the reasonable charges of notice, advertisement, and sale. The 
balance, if any, of such proceeds shall be held by the warehouseman, and 
delivered on demand to the person to whom he would have been bound to 
deliver or justified in delivering the goods. 

At any time before the goods are so sold any person claiming a right of 
property or possession therein may pay the warehouseman the amount neces- 
sary to satisfy his lien and to pay the reasonable expenses and liabilities 
incurred in serving notices and advertising and preparing for the sale up to 
the time of such payment. The warehouseman shall deliver the goods to the 
person making such payment if he is a person entitled, under the provisions 
of this chapter, to the possession of the goods on payment of charges thereon. 
Otherwise the warehouseman shall retain possession of the goods according 
to the terms of the original contract of deposit. 

1945 (44) 119. 

§ 7017-64. Perishable goods or goods injurious to other property — dis- 
position. — If goods are of a perishable nature, or by keeping will deteriorate 
greatly in value, or by their odor, leakage, inflammability, or explosive na- 
ture, will be liable to injure other property, the warehouseman may give 
such notice to the OAvner, or to the person in whose name the goods are stored, 
as is reasonable and possible under the circumstances to satisfy the lien upon 
such goods, and to remove them from the warehouse, and in the event of the 
failure of such person to satisfy tlie lien and to remove the goods within the 
time so specified, the warehouseman may sell the goods at public or private 
sale without advertising. If the warehouseman after a reasonable effort is 
unable to sell such goods, he may dispose of them in any lawful manner, and 
shall incur no liability by reason thereof. 

The proceeds of any sale made under the terms of this section shall be 
disposed of in the same way as the proceeds of sales made under the terms of 
§ 7017-64. 

1945 (44) 119. 

§ 7017-65. Remedy enforce lien exclusive — sue for deficiency. — The remedy 
for enforcing a lien herein provided does not include any other remedies al- 
lowed by law for the enforcement of a lien against personal property nor bar 
the right to recover so much of the warehouseman's claim as shall not be 
paid by the proceeds of the sale of the property. 
1945 (44) 119. 

§ 7017-66. Liability for goods disposed of for lien or being perishable or 
hazardous. — After goods have been lawfully sold to satisfy a warehouseman's 
lien, or have been lawfully sold or disposed of because of their perishable or 



247 Code of Laws of South Carolina § 7017-71 

hazardous nature, the warehouseman shall not thereafter be liable for failure 
to deliver the goods to the depositor, or owner of the goods, or to a holder of 
the receipt given for the goods when they were deposited, even if such receipt 
be negotiable. 
1945 (44) 119. 

PART III. 

NEGOTIATION AND TRANSFER OF RECEIPTS 

§ 7017-67. Negotiable receipt — negotiable by delivery — endorsement. — A ne- 
gotiable receipt may be negotiated by delivery 

(a) Where, by the terms of the receipt, the warehouseman undertakes to 
deliver the goods to the bearer, or 

(b) Where, by the terms of the receipt, the warehouseman undertakes to 
deliver the goods to the order of a specified person, and such person or a 
subsequent indorsee of the receipt has indorsed it in blank or to bearer. 

Where, by the terms of a negotiable receipt, the goods are deliverable to 
bearer or where a negotiable receipt has been indorsed in blank or to bearer, 
any holder may indorse the same to himself or to any other specified person, 
and in such case the receipt shall thereafter be negotiated only by the indorse- 
ment of such indorsee. 

1945 (44) 119. 

§ 7017-68. Negotiable receipt — endorsement — negotiate. — A negotiable re- 
ceipt may be negotiated by the indorsement of the person to whose order 
the goods are, by the terms of the receipt, deliverable. Such indorsement 
may be in blank, to bearer or to a specified person. If indorsed to a specified 
person, it may be again negotiated by the indorsement of such person in blank, 
to bearer or to another specified person. Subsequent negotiation may be made 
in like manner. 
1945 (44) 119. 

§ 7017-69. Holder of receipt not negotiable by delivery, transfer by delivery 
to purchaser or donee — non-negotiable receipt not negotiable. — A receipt 
which is not in such form that it can be negotiated by delivery may be trans- 
ferred by the holder by delivery to a purchaser or donee. 

A non-negotiable receipt can not be negotiated, and the indorsement of such 
a receipt gives the transferee no additional right. 

1945 (44) 119. 

§ 7017-70. Possessor negotiate negotiable receipt — when. — A negotiable re- 
ceipt may be negotiated by any person in possession of the same, however 
such possession may have been acquired if, by the terms of the receipt, the 
warehouseman undertakes to deliver the goods to the order of such person, 
or if at the time of negotiation the receipt is in such form that it may be 
negotiated by delivery. 
1945 (44) 119. 

§ 7017-71. Interest owner of negotiated negotiable receipt acquires. — A per- 
son to whom a negotiable receipt has been duly negotiated acquires thereby — 



§ 7017-71 1946 Supplement 248 

(a) Such title to the goods as the person negotiating the receipt to him 
had or had ability to convey to a purchaser in good faith for value, and also 
such title to the goods as the depositor or person to whose order the goods 
were to be delivered by the terms of the receipt had or had ability to convey 
to a purchaser in good faith for value, and 

(b) The direct obligation of the warehouseman to hold possession of the 
goods for him according to the terms of the receipt as fully as if the ware- 
houseman had contracted directly with him. 

1945 (44) 119. 

§ 7017-72. Interest transferee of receipt not negotiated acquires — interest 
when receipt non-negotiable — notice to warehouseman. — A person to whom 
a receipt has been transferred but not negotiated, acquires thereby, as against 
the transferor, the title of the goods, subject to the terms of any agreement 
with the transferor. 

If the receipt is non-negotiable such person also acquires the right to notify 
the warehouseman of the transfer to him of such receipt, and thereby to 
acquire the direct obligation of the warehouseman to hold possession of the 
goods for him according to the terms of the receipt. 

Prior to the notification of the warehouseman by the transferor or trans- 
feree of a non-negotiable receipt, the title of the transferee to the goods and 
the right to acquire the obligation of the warehouseman may be defeated by 
the levy of an attachment or execution upon the goods by a creditor of the 
transferor, or by a notification to the warehouseman by the transferor, or a 
subsequent purchaser from the transferor of a subsequent sale of the goods 
by the transferor. 

1945 (44) 119. 

§ 7017-73. Compel endorsement of negotiable receipt transferred for value 
by delivery and endorsement essential for negotiation. — Where a negotiable 
receipt is transferred for value by delivery, and the indorsement of the trans- 
feror is essential for negotiation, the transferee acquires a right against the 
transferor to compel him to indorse the receipt, unless a contrary intention 
appears. The negotiation shall take effect as of the time when the indorse- 
ment is actually made. 
1945 (44) 119. 

§ 7017-74. Warranties of transferor. — A person who for value negotiates or 
transfers a receipt by indorsement or delivery, including one who assigns for 
value a claim secured by a receipt, unless a contrary intention appears, war- 
rants — 

(a) that the receipt is genuine, 

(b) that he has a legal right to negotiate or transfer it, 

(c) that he has knowledge of no fact which would impair the validity or 
worth of the receipt, and 

(d) that he has a right to transfer the title to the goods and that the goods 
are merchantable or fit for a particular purpose whenever such warranties 



249 Code op Laws of South Carolina § 7017-79 

would have been implied, if the contract of the parties had been to transfer 
without a receipt the goods represented thereby. 
1945 (44) 119. 

§ 7017-75. Liability of endorser of receipt. — The indorsement of a receipt 
shall not make the indorser liable for any failure on the part of the warehouse- 
man or previous indorsers of the receipt to fulfill their respective obligations. 
1945 (44) 119. 

§ 7017-76. Holder for security of a receipt — liability. — A mortgagee, pledgee 
or holder for security of a receipt who in good faith demands or receives 
payment of the debt for which such receipt is security, whether from a party 
to a draft drawn for such debt or from any other person, shall not by so doing 
be deemed to represent or to warrant the genuineness of such receipt or the 
quantity or quality of the goods therein described. 
1945 (44) 119. 

§ 7017-77. Impairment of negotiation. — The validity of the negotiation of a 
receipt is not impaired by the fact that such negotiation was a breach of 
duty on the part of the person making the negotiation, or by the fact that 
the owner of the receipt was deprived of the possession of the same by loss, 
theft, fraud, accident, mistake, duress, or conversion, if the person to whom 
the receipt was negotiated, or the person to whom the receipt was subse- 
quenth^ negotiated, paid value therefor, in good faith, without notice of the 
breach of duty, or loss, theft, fraud, accident, mistake, duress, or conversion, 
1945 (44) 119. 

§ 7017-78. Purchaser of negotiable receipt without notice of sale, mortgage 
or pledge. — Where a person having sold, mortgaged, or pledged goods which 
are in a warehouse and for which a negotiable receipt has been issued, or 
having sold, mortgaged, or pledged the negotiable receipt representing such 
goods, continues in possession of the negotiable receipt, the subsequent nego- 
tiation thereof by that person under any sale, or other disposition thereof 
to any person receiving the same in good faith, for value and without notice 
of the previous sale, mortgage or pledge, shall have the same effect as if the 
first purchaser of the goods or receipt had expressly authorized the subse- 
quent negotiation. 
1945 (44) 119. 

§ 7017-79. Seller's lien or right of stoppage in transitu as to negotiable 
receipt. — Where a negotiable receipt has been issued for goods, no seller's 
lien or right of stoppage in transitu shall defeat the rights of any purchaser 
for value in good faith to whom such receipt has been negotiated, whether 
such negotiation be prior or subsequent to the notification to the warehouse- 
man who issued such receipt of the seller's claim to a lien or right of stop- 
page in transitu. Nor shall the warehouseman be obliged to deliver or jus- 
tified in delivering the goods to an unpaid seller unless the receipt is first 
surrendered for cancellation. 
1945 (44) 119. 



§ 7017-80 1946 Supplement 250 

PART IV 

CRIMINAL OFFENSES 

§ 7017-80. Penalties issue receipt when goods not under control. — A ware- 
houseman, or any officer, agent, or servant of a warehouseman, who issues 
or aids in issuing a receipt knowing that the goods for which such receipt 
is issued have not been actually received by such warehouseman, or are not 
under his actual control at the time of issuing such receipt, shall be guilty of 
a crime, and upon conviction shall be punished for each offense by imprison- 
ment not exceeding five years, or by a fine not exceeding five thousand dollars, 
or by both. 
1945 (44) 119. 

§ 7017-81. Penalties issue receipt knowing same contains false statement. — 

A warehouseman, or any officer, agent or servant of a warehouseman, who 
fraudulently issues or aids in fraudulently issuing a receipt for goods knowing 
that it contains any false statement, shall be guilty of a crime, and upon con- 
viction shall be punished for each oft'ense by imprisonment not exceeding one 
year, or by a fine not exceeding one thousand dollars, or by both. 
1945 (44) 119. 

§ 7017-82. Penalties issue certain duplicate or additional negotiable receipt 
without placing "Duplicate" thereon. — A warehouseman, or any officer, 
agent, or servant of a warehouseman, who issues or aids in issuing a duplicate 
or additional negotiable receipt for goods knowing that a former negotiable 
receipt for the same goods or any part of them is outstanding and uncan- 
celled, without plainly placing upon the face thereof the word "Duplicate", 
except in the case of a lost or destroyed receipt after proceedings as provided 
for in § 7017-44, shall be guilty of a crime, and upon conviction shall be 
punished for each offense by imprisonment not exceeding five years or by a 
fine not exceeding five thousand dollars, or by both. 
1945 (44) 119. 

§ 7017-83. Penalties issue negotiable receipt not showing warehouseman's 
interest in goods. — Where there are deposited with or held by a warehouse- 
man goods of which he is owner, either solely or jointly or in common with 
others, such warehouseman, or any of his officers, agents, or servants who, 
knowing this ownership, issues or aids in issuing a negotiable receipt for 
such goods which does not state such ownership, shall be guilty of a crime, 
and upon conviction shall be punished for each offense by imprisonment not 
exceeding one year, or by a fine not exceeding one thousand dollars, or by 
both. 

1945 (44) 119. 

§ 7017-84. Penalties deliver goods knowing negotiable receipt outstanding 
and without such receipt. — A warehouseman, or any officer, agent or servant 
of a warehouseman who delivers goods out of the possession of such ware- 
houseman, knowing that a negotiable receipt the negotiation of which would 
transfer the right to the possession of such goods is outstanding and uncan- 
celled, without obtaining the possession of such receipt at or before the time of 



251 Code of Laws of South Carolina § 7017-88 

such delivery, shall, except in the cases provided for in § 7017-44 and § 7017-66, 
be guilty of a crime, and upon conviction shall be punished for each offense 
by imprisonment not exceeding one year, or by a fine not exceeding one thou- 
sand dollars, or by both. 
1945 (44) 119. 

§ 7017-85. Penalties deposit goods not fully owned and negotiate receipt 
therefor with intent to deceive. — Any person who deposits goods to which he 
has not title, or upon which there is a lien or mortgage, and who takes for 
such goods a negotiable receipt which he afterwards negotiates for value 
with intent to deceive and without disclosing his want of title or the existence 
of the lien or mortgage shall be guilty of a crime, and upon; conviction shall 
be punished for each offense by imprisonment not exceeding one year, or by a 
fine not exceeding one thousand dollars, or by both. 
1945 (44) 119. 

PART V. 

INTERPRETATION. 

§ 7017-86. Provisions applicable. — In any case not provided for in this chap- 
ter, the rules of law and equity, including the law merchant, and in particular 
the rules relating to the law of principal and agent and to the effect of fraud, 
misrepresentation, duress or coercion, mistake, bankruptcy, or other invali- 
dating cause, shall govern. 
1945 (44) 119. 

§ 7017-87. Construe so as to make uniform, — This chapter shall be so inter- 
preted and construed as to effectuate its general purpose to make uniform 
the law of those States which enact it. 
1945 (44) 119. 

§ 7017-88. Definitions. — (1) In this chapter, unless the context or subject- 
matter otherwise requires — • 

"Action" includes counter claim, set-off, and suit in equity. 

"Delivery" means voluntary transfer of possession from one person to 
another. 

"Fungible goods" means goods of which any unit is, from its nature or by 
mercantile custom, treated as the equivalent of any other unit. 

"Goods" means chattels or merchandise in storage, or which has been or 
is about to be stored. 

"Holder" of a receipt means a person who has both actual possession of 
such receipt and a right of property therein. 

"Order" means an order by indorsement on the receipt. 

"Owner" does not include mortgagee or pledgee. 

"Person" includes a corporation or partnership or two or more persons 
having a joint or common interest. 

To "purchase" includes to take as mortgagee or as pledgee. 



§ 7017-88 1946 Supplement 252 

"Purchaser" includes mortgagee and pledgee. 

"Receipt" means a warehouse receipt. 

"Value" is any consideration sufficient to support a simple contract. An 
antecedent or pre-existing obligation, whether for money or not, constitutes 
value where a receipt is taken either in satisfaction thereof or as security 
therefor. 

"Warehouseman" means a person lawfully engaged in tlie business of 
storing goods for profit. 

(2) A thing is done "in good faith" Avithin the meaning of this chapter, 
when it is in fact done honestly, whether it be done negligently or not. 

1945 (44) 119. 

§ 7017-89. Receipt not applicable. — The provisions of this chapter do not ap- 
ply to receipts made and delivered prior to the taking effect of this chapter. 
1945 (44) 119. 

§ 7017-90. Cumulative to §§ 6466 thru 6486.— It is provided that the pro- 
visions of this chapter sliall be cumulative to the laws governing the operation 
of the state warehouse system embraced within section 6466 through 6486. 
1945 (44) 119. 

§ 7017-91. Uniform Warehouse Receipts Act. — This chapter may be cited as 
the Uniform Warehouse Receipts Act. 
1945 (44) 119. 

§ 7018. Act of agent good,, though principal be dead.— If any agent, consti- 
tuted by power of attorney or other authority, shall do any act for his prin- 
cipal which would be lawful if such principal were living, the same shall be 
valid and binding on the estate of said principal, although he or she may have 
died before such act was done ; provided, the party treating with such agent 
dealt bona fide, not knowing at the time of the doing of such act that such 
principal was dead. Provided, further, that an affidavit executed by the 
attorney-in-fact or agent setting forth that he has not or had not, at the time 
of doing any act pursuant to the power of attorney received actual knowledge 
or actual notice of the death of the principal, or notice of any facts indicating 
his death, shall in the absence of fraud, be conclusive proof of the absence 
of knowledge or notice by the agent of the death of the principal at such 
time. If the exercise of the power requires the execution and delivery of any 
instrument which is recordable under the laws of the State, such affidavit 
shall likwise be recordable. Provided, further, that no report or listing, either 
official or otherwise, of "missing" or "missing in action" regarding any 
person in connection with any activity pertaining to or connected with the 
prosecution of any war in which the United States is then engaged, as such 
words "missing" or "missing in action" are used in military parlance, shall 
constitute or be interpreted as constituting actual knoAvledge or actual notice 
of the death of such principal, or notice of any facts indicating the death of 
such person, or shall operate to revoke the agency. 

1945 (44) 48. 

1945 p 48 added last 2 provisos and changed punctuation. Above section replaces 
§ 7018, 1942 Code. 



253 Code of Laws of South Carolina § 7035-2 

§ 7035-2. Definitions.—* * * 

(e) "Average weekly wages" shall mean the earnings of the injured em- 
ployee in the employment in which he was working at the time of the injury 
during the period of fifty-two weeks immediately preceding the date of the 
injury, divided by fifty-two, but if the injured employee lost more than seveu 
consecutive calendar days at one or more times during such period, although 
not in the same week, then the earnings for the remainder of such fifty-two 
weeks shall be divided by the number of weeks remaining after the time so 
lost has been deducted. When the employment prior to the injury extended 
over a period of less than fifty-two weeks, the method of dividing the earn- 
ings during that period by the number of weeks and parts thereof during 
which the employee earned wages shall be followed: provided, results fair and 
just to both parties will be thereby obtained. Where, by reason of a shortage 
of time during which the employee has been in the employment of his em- 
ployer or the casual nature or terms of his employment, it is impracticable 
to compute the average weekly wages as above defined, regard shall be had to 
the average weekly amount Avhich during the fifty-two weeks previous to the 
injury was being earned by a person of the same grade and character em- 
ployed in the same class of employmeut in the same locality or community. 

But where for exceptional reasons the foregoing will be unfair, either to the 
employer or employee, such other method of computing average weekly wages 
may be resorted to as will most nearly approximate the amount which the 
injured employee would be earning were it not for the injury. 

Wherever allowances of any character made to an employee in lieu of 
wages are specified part of the wage contract they shall be deemed a part of 
his earnings : provided, for the purpose of this article the average weekly wage 
of all members of the South Carolina Defense Force, regardless of rank, shall 
be deemed to be forty ($40.00) dollars per week. 

Provided, further, that for the purposes of this article voluntary firemen of 
municipalities covered by the provisions of this article shall be deemed to 
receive an average weekly salary of forty ($40.00) dollars. "Voluntary fire- 
men" shall be construed to mean all members of organized volunteer fire 
departments, whose membership shall be certified to the city or town clerk 
by the chief of the fire department, and whose average weekly wage is less 
than forty ($40.00) dollars. 

1943 (43) 91; 1944 (43) 1329; 1946 (44) 1390. 

Above subdivision (e) replaces said subdivision in 1942 Code and 1944 Supplement. 

See also this section 1944 Supplement. 

An accident to be within the Compen- the occurrence. Branch et al. v. Pacific 
sation Act, must have had its origin in Mills et al., 1944, 205 S. C. 353, 32 S. E. 
some risk of the employment. Cyrus v. 2d 1. 

Miller Tire Service et al., 1946, S. C. To constitute one an employee it is es- 

, 38 S. E. 2d 761. sential that there shall be a contract of 

The two parts of the phrase "arising service. However, no formality is re- 
out of and in the course of the employ- quired. The contract may be oral or 
ment" are not synonymous, and both must written. It may be accomplished with a 
exist simultaneously before any Court few words, or it may be implied from 
will allow recovery under a compensation ^^onduct without words. Alewine et al. v. 
act so worded. "Arising out of" refers Tobin Quarries, Inc., et al., 1945, 206 S. C. 
to the time, place, and circumstances of 103, 33 S. E. 2d 81. 



§ 7035-2 



1946 Supplement 



254 



Where there is change of employers, 
employees are chargeable only with the 
legal consequences of the arrangement as 
known and approved. Holloway v. G. O. 

Cooley & Sons et al., 1946, S. C , 

38 S. E. 2d 666. 

Workmen's Compensation Act was not 
intended to provide any award for pain 
and suffering as such or for any of the 
other elements of damages recoverable in 
an ordinary action for personal injuries, 
except to the extent that the employee 
has sustained an injury resulting in the 
diminution of his earnings or a serious 
bodily disfigurement. Parrott v. Bar- 
field Used Parts et al., 1945, 206 S. C. 
381, 34 S. E. 2d 802. 

The statute does not confine the injuries 
which it embraces to those arising out of 
and in the course of the employment dur- 
ing regular working hours; but, by its 
very terms, embraces all injuries by acci- 
dent arising out of and in the course of 
the employment. Eargle v. South Caro- 
lina Electric & Gas Co. et al., 1944, 205 
S. C. 423, 32 S. E. 2d 240. 

Protection of the workmen's compensa- 
tion law attends a covered employee not 
only during his hours of labor but before 
and after, when his activities are incident 
to his employment. Mack et al. v. Branch 
No. 12, Post Exchange, Fort Jackson et 
al., 1945, 207 S. C. 258, 35 S. E. 2d 838. 

Employees on their way to work in a 
conveyance provided by the employer un- 
der the protection of the compensation 
law during their travel. Bailey v. Santee 
River Hardwood Co. et al., 1944, 205 S. C. 
433, 32 S. E. 2d 365. 

An injury incurred by a workman in 
the course of his travel to his place of 
work and not on the premises of his em- 
ployer, but in close proximity thereto, is 
not compensable unless the place of in- 
jury was brought within the scope of em- 
ployment by an express or implied re- 
quirement in the contract of employment 
of its use by the servant in going to and 
coming from his work. Eargle v. South 
Carolina Electric & Gas Co. et al., 1944, 
205 S. C. 423, 32 S. E. 2d 240. 

No substantial evidence that the act 
causing garage employee's death from 
flash fire connected with performance of 
his duties or incident thereto. Sullivan's 
Next of Kin v. Greenville Auto Sales, 

Inc., et al., 1946, S. C , 36 S. E. 

2d 801. 

Employee killed in motor vehicle acci- 
dent. Ervin et al. v. Myrtle Grove Plan- 



tation et al., 1945, 206 S. C. 41, 32 S. E. 
2d 877. 

Employee dying as result of vaccina- 
tion required by employer. Alewine et al. 
V. Tobin Quarries, Inc.. et al., 1945, 206 
S. C. 103, 33 S. E. 2d 81. 

Insurance agent employee. Carter's 
Dependents v. Palmetto State Life Ins. 

Co. et al., 1946, S. C , 38 S. E. 

2d 905. 

Employee killed by fellow employee 
after leaving place of employment. Dicks 

V. Brooklyn Cooperage Co., 1946, S. 

C , 37 S. E. 2d 286. 

Unexpected and unforeseen act of a 
passerby or a fellow employee in hitting or 
shoving claimant not compensable. Gory 

V. Monarch Mills et al., 1946, S. C. 

, 37 S. E. 2d 291. 

Injury sustained while pushing truck of 
cloth from weave shop to loom room held 
not compensable, Burnett v. Appleton 

Co. et al., 1946, S. C , 37 S. E. 

2d 269. 

Injury arising out of a matter totally 
disconnected with the work of the em- 
ployer is not covered by the act. Cyrus 

V. Miller Tire Service et al., 1946, 

S. C , 38 S. E. 2d 761. 

Assault by fellow employee. Lanford 

v. Clinton Cotton Mills S. C , 30 

S. E. 2d 36. 

Stroke or cerebral hemorrhage. Branch 
et al. V. Pacific Mills et al., 1944, 205 S. C. 
333, 32 S. E. 2d 5. 

Undue exertion. Sweatt et al. v. Marl- 
boro Cotton Mills et al., 1945, 206 S. C. 
476, 34 S. E. 2d 762. 

Hernia. Sligh v. Pacific Mills et al., 
1945, 207 S. C. 316, 35 S. E. 2d 713. 

Arteriosclerosis. Mack et al. v. Branch 
No. 12, Post Exchange, Fort Jackson, et 
al., 1945, 207 S. C. 258, 35 S. E. 2d 838. 

Testicle. Shehane v. Springs Cotton 
Mills et al., 1945, 206 S. C. 334, 34 S. E. 
2d 180. 

Casual employee. Jolly v. Atlantic 
Greyhound Corporation et al., 1945, 207 
S. C. 1, 35 S. E. 2d 42. 

Sheriff's clerk acting in furtherance of 
county's business and engaged in an act 
which was the duty of the sheriff's office, 
similar to other frequent activities of his 
of which the employer and its officers 
had knowledge, is an employee under the 
act. Pelfrey v. Oconee County, 1945, 207 
S. C. 433, 36 S. E. 2d 297. 



§ 7035-4. Acceptance of provisions — must give notice of contrary. 



One cannot divide his business so that 
he can accept the benefits of our Work- 
men's Compensation Act as to one feature 
of his business and reject it as to an- 



other of the same business. Carter's De- 
pendents V. Palmetto State Life Ins. Co. 

et al., 1946, S. C , 38 S. E. 2d 

905. 



255 



Code of Laws of South Carolina 



§ 7035-34 



§ 7035-5. Employers and employees waive exemptions — giving notice of non- 
acceptance and notice of waiver of exemption. 

Employer cannot become a subscriber the terms of the Act as is permitted 

as to one part of its business and remain hereby no positive action on the part of 

a non-subscriber as to the rest of a bus- the employee is required in order to en- 

iness which is in substance and effect con- title such employee to the benefits of the 

ducted as one business. Kennerly et al. Act. Kennerly et al. v. Ocmulgee Lumber 

V. Ocmulgee Lumber Co. et al., 1945, 206 Co. et al., 1945, 206 S. C. 481, 34 S. E. 

S. C. 481, 34 S. E. 2d 792. 2d 792. 

Where employer elects to come within 

§ 7035-16. Exemptions — not to admit article as evidence, or argue, in tort 
actions not arising hereunder. 



Applied. Jolly v. Atlantic Greyhound 
Corporation et al., 1945, 207 S. C. 1, 35 
S. E. 2d 42. 

An employer compulsorily under the 
Act for a business covered by the Act 
engages in a business exempted by the 

§ 7035-20. Settlements. 

The industrial commission has the 
power to approve a lump sum settlement 
to once and for all times settle the rights 
of the parties without regard to present 
statute providing for review on change of 
condition, and make it final and binding 
and not subject to review under any con- 



Act, although such exempted business is 
an integral part of the principal business 
of the employer he is, as to the exempt 
business, within the coverage of the Act. 
Hopkins v. Darlington Veneer Co. et al., 
1946, S. C , 38 S. E. 2d 4. 



ditions. Atkins v. Charleston Shipbuild- 
ing & Drydock Company et al., 1945, 206 
S. C. 63, 33 S. E. 2d 46. 

Filing of "Agreement as to Compensa- 
tion". Lowther v. Standard Oil Co. of 
New Jersey, 1945, 206 S. C. 286, 33 S. E. 
2d 889. 



§ 7035-21. Payment of compensation — penalties for failure to pay or send 
proper notices to commission. 

C. 



Award for temporary total disability 
too vague and indefinite. Halks v. Rust 



Engineering Co. et al., 1946, S. 

, 36 S. E. 2d 852. 



§ 7035-22. Rights of employees of sub-contractors — rights and liability of 
contractor and sub -contractors. 



When dealing with one who is not an 
employee of the owner but the employee 
of a person who is performing a part of 
the trade, business or occupation of the 
owner, the guidepost is whether or not 
that which is being done is or is not a 
part of the general trade, business or oc- 
cupation of the owner. Hopkins v. Dar- 
lington Veneer Co. et al., 1946, S. C. 

§ 7035-27. Claims. 

Employer held to waive the filing by 
an employee of a claim in any form what- 
ever. Lowther v. Standard Oil Co. of 



, 38 S. E. 2d 4. 

This section has no effect on casual 
employees. Jolly v. Atlantic Greyhound 
Corporation et al., 1945, 207 S. C, 1, 35 
S. E. 2d 42. 

Employer's liability to sub-contractoT's 
employees. Kennerly et al. v. Ocmulgee 
Lumber Co. et al., 1945, 206 S. C. 481, 
34 S. E. 2d 792. 



New Jersey, 1945, 206 S. C. 286, 33 S. E. 
2d 889. 



§ 7035-33. Partial disability — rate of compensation. 



Medical opinion as to the extent of dis- 
ability can have no probative value as 
against actual earnings. Parrott v. Bar- 



field Used Parts et al. 
381, 34 S. E. 2d 802. 



1945, 206 S. C. 



§ 7035-34. Schedule of disability for certain injuries. 



Provisions of law in effect at time of 
injury applicable in determining rights 
of injured. Logan v. Williams Furniture 
Company, 1945, 206 S. C. 83, 33 S. E. 2d 
78. 



Muscular strain involving nothing gro- 
tesque or unsightly. Parrott v. Barfield 
Used Parts, 1945, 206 S. C. 381, 34 S. E. 
2d 802. 

In disfigurement case claimant is an 



§ 7035-34 



1946 Supplement 



256 



exhibit and his appearance may be con- 
sidered along with the testimony by cir- 
cuit court and supreme court. Id. 

In order to constitute disfigurement it 
must be more than slight and must par- 
take of permanency. Parrott v. Barfield 
Used Parts et al., 1945, 206 S. C. 381, 34 
S. E. 2d 802. 

Compensation for loss of vision. 
Schwartz v. Mount Vernon-Woodberry 
Mills, Inc., 1945, 206 S. C. 227, 33 S. E. 
2d 517. 

It is now immaterial whether disfigure- 
ment affects the earning power of the 



employee or his capacity to retain or pro- 
cure employment. Parrott v. Barfield 
Used Parts et al., 1945, 206 S. C. 381, 34 
S. E. 2d 802. 

Court of appeal should not interfere in 
award for serious facial or head disfigure- 
ment in absence of an arbitrary or cap- 
ricious award. Schwartz v. Mount Ver- 
non-Woodberry Mills, Inc., 1945, 206 S. 
C. 227, 33 S. E. 2d 517. 

Award for disfigurement prior to point 
of maximum healing premature. Halks 

V. Rust Engineering Co. et al., 1946, 

S. C , 36 S. E. 2d 852. 



Inc., et al., 1945. 206 S. C. 103, 33 S. E. 
2d 81. 



§ 7035-36. Employees previously disabled. 

Applied for loss of vision. Schwartz 1945, 206 S. C. 227, 33 S. E. 2d 517. 
V. Mount Vernon-Woodberry Mills, Inc., 

§ 7035-43. Distribution of compensation when deceased employee leaves no 
dependents — "next of kin" defined — secord iiJJury fund. 

See this section in 1944 Supplement. 
§ 7035-44. Total compensation. 

Funeral expenses are to be included in 
determining the total compensation al- 
lowed. Alewine et al. v. Tobin Quarries, 

§ 7035-49. Commission review awards. 

"Agreement being subject to the limi- 
tations and conditions set out in the 
Workmen's Compensation Act." is subject 
to review on change of condition as pro- 
vided by this section. Atkins v. Charles- 
ton Shipbuilding & Drydock Company, et 
al., 1945, 206 S. C. 63, 33 S. E. 2d 46. 

An ordinary award of the industrial 
commission is reviewable at any time on 
the ground of change of condition, subject 
to the limitation that no such review shall 
be made after twelve months from date 
of last payment of compensation. Atkins 



V. Charleston Shipbuilding & Drydock 
Company et al., 1945, 206 S. C. 63, 33 
S. E. 2d 46. 

Statute of Limitations not having been 
pleaded at the hearing or trial of the case 
cannot be thereafter pleaded or consid- 
ered upon appeal. Jones v. Anderson Cot- 
ton Mills et al., 1944, 205 S. C. 247, 31 
S. E. 2d 447. 

Not applicable under temporary disabil- 
ity agreement abandoned by carrier. 
Halks V. Rust Engineering Co. et al., 
1946, S. C , 36 S. E. 2d 852. 

§ 7035-57. Commission — rules — process and procedure — issuance and service 
of subpoenas — subpoena and examine witnesses and records — depositions — 
pay of witnesses. 

See this section in 1944 Supplement. 

The Commission has the power to make Act. Jones v. Anderson Cotton Mills et 
rules which are not inconsistent with the al., 1944, 205 S. C. 247, 31 S. E. 2d 447. 

§ 7035-60. Failure of employer and injured employee to agree — disagreement 
after agreement — have hearing — notify parties — place. 

If insurance carrier desires to stop fur- do so. Notice should be given to the em- 

ther payment of compensation under a ployee. Halks v. Rust Engineering Co. et 

temporary award, application should be al., 1946, S. C , 36 S. E. 2d 852. 

made to the commission for permission to 

§ 7035-61. Hearing. 

Consideration of evidence is not depend- 
ent upon the transcribing of it by the 
stenographer. Lewis et al. v. Hamilton 
Veneer Co. et al., 1945, 206 S. C. 349, 
34 S. E. 2d 220. 



A medical opinion which conflicts with 
the physical facts will not be permitted 
to control the determination of a factual 
controversy. West et al. v. West (two 
cases), 1946, S. C , 36 S. E. 2d 



257 



Code of Laws op South Carolina 



§ 7035-83 



856. 

Findings of fact by the Industrial Com- 
mission must be founded on evidence, and 
cannot rest on surmise, conjecture or 
speculation. Branch et al. v. Pacific Mills 



et al., 1944, 205 S. C. 353, 32 S. E. 2d 1. 
There need be only some supporting 
evidence for the findings and award. Pel- 
frey v. Oconee County, 1945, 207 S. C. 
433, 36 S. E. 2d 297. 



§ 7035-63. Award — effect — appeal — payment of compensation during appeal. 



Evidence not sufficient support award. 
Sullivan's Next of Kin v. Greenville Auto 

Sales, Inc., et al., 1946, S. C , 

36 S. E. 2d 801. 

Testimony not included in the appeal. 
Schwartz v. Mount Vernon-Woodberry 
Mills, Inc., 1945, 206 S. C. 227, 33 S. E. 
2d 517. 

Factual findings of commission based 
on substantial and competent evidence are 
beyond the review of the courts. Lewis 
et al. V. Hamilton Veneer Co. et al., 1945, 
206 S. C. 349, 34 S. E. 2d 220. 

Facts found by the Commission are 
binding upon the Courts if there is any 
substantial evidence to support such find- 
ings. Bailey v. Santee River Hardwood 
Co. et al., 1944, 205 S. C. 433, 32 S. E. 
2d 365. 

Constitutional and statutory provisions 
for appeal to the circuit court from infe- 



rior courts, and decisions under them, are 
not pertinent to appeals from the indus- 
trial commission. Schwartz v. Mount 
Vernon-Woodberry Mills, Inc., 1945, 206 
S. C. 227, 33 S. E. 2d 517. 

Jurisdiction to find the facts in a con- 
troversy under workmen's compensation 
is exclusively that of the Industrial Com- 
mission, however factual findings of the 
Commission must be supported by evi- 
dence. Speculation, surmise and conjec- 
ture are insufficient. Mack et al. v. 
Branch No. 12, Post Exchange, Fort Jack- 
son, et al., 1945, 207 S. C. 258, 35 S. E. 
2d 838. 

Supreme Court has plenary power upon 
proper appeal as to review and correction 
of errors thereabout. Jolly v. Atlantic 
Greyhound Corporation et al., 1945, 207 
S. C. 1, 35 S. E. 2d 42. 



§ 7035-80. Commission destroy certain records. 

See this section in 1944 Supplement. 

§ 7035-83. Benefits. 

(b) Individual's weekly unemplojonent benefit. — An individiiars weekly 
benefit amount shall be the amount appearing in column B in the table in this 
subsection on the line on which, in Column A of such table, there appear the 
total wages paid for insured work to such individual in that quarter of his 
base period in which such total wages were highest. 

COLUMN A COLUMN B COLUMN C COLUMN D 



Wages paid in 
Highest Quarter 
of Base Period: 


Weekly Benefit 
Amount 


Qualifying Wages 
in Base Period 


Maximum Total 

Benefits in 

Benefit Year 


$ 30.00 - 


$104.00 


$ 4.00 


$ 120.00 


$ 64.00 


10-t.Ol - 


130.00 


5.00 


200.00 


80.00 


130.01 - 


156.00 


6.00 


240.00 


96.00 


156.01 - 


182.00 


7.00 


280.00 


112.00 


182.01 - 


208.00 


8.00 


320.00 


128.00 


208.01 - 


234.00 


9.00 


360.00 


144.00 


234.01 - 


260.00 


10.00 


400.00 


160.00 


260.01 - 


286.00 


11.00 


440.00 


176.00 


286.01 - 


312.00 


12.00 


480.00 


192.00 


312.01 - 


338.00 


13.00 


520.00 


208.00 


338.01 - 


364.00 


14.00 


560.00 


224.00 


364.01 - 


390.00 


15.00 


600.00 


240.00 


390.01 - 


416.00 


16.00 


640.00 


256.00 



§ 7035-83 1946 Supplement 258 



416.01 - 


442.00 


17.00 


680.00 


272.00 


442.01 - 


468.00 


18.00 


720.00 


288.00 


468.01 - 


494.00 


19.00 


760.00 


304.00 


494.01 - 


and over 


20.00 


800.00 


320.00 



Provided, that if claimant fails to receive the qualifying wages in the base 
period (column C) corresponding to wages received in highest quarter of 
base period (Column A), but received qualifying base period wages (column 
C) corresponding to the next lower bracket (column A), such claimant's 
weekly benefit amount shall be that of the said next lower weekly benefit 
amount. Provided, however, when the balance in the unemployment compen- 
sation trust fund to the credit of this State is five million ($5,000,000.00) dol- 
lars, or less, the commission may reduce by not exceeding twenty-five (25%) 
per cent the weekly benefit amount in column B and the maximum total ben- 
efits in column D ; provided, further, however, when the said fund shall reach 
the sum of six million ($6,000,000.00) dollars, or more, such reduction shall 
be discontinued. 

1945 (44) 375. 

Above subdivision (b) replaces said subdivision in 1942 Code. 

§ 7035-85. Disqualification for benefits. 

(b) Discharged for misconduct, — For the week in which he has been dis- 
charged for misconduct, if said misconduct be found by the commission to 
have constituted reasonable grounds for discharge, and for not less than one 
nor more than sixteen weeks of disqualification (in addition to the waiting 
period) as determined by the commission in accordance with the seriousness of 
the misconduct: provided, further, that if the commission finds that the miscon- 
duct for which the individual was discharged was of such a character as to con- 
stitute an aggravated case of said misconduct, it may, in its discretion, cause to 
be charged against the benefits to which the individual is entitled in section 
7035-83 (d) hereof, an amount equal to the entire amount, as outlined in said 
section 7035-83 (d), to which such individual, meeting the other requirements 
of this article for the obtaining of benefits, Avould, in the absence of any ele- 
ment of misconduct, be entitled. 

1945 (44) 258, 

Above subdivision (b) replaces said subdivision in 1942 Code. 

§ 7035-87. Contributions. 

See this section in 1944 Supplement. 

§ 7035-88. Period, election, and termination of employer's coverage. 

(d) Commission advise employers of requirements terminate coverage. — 

The employment security commission is hereby directed to send, along with 
the quarterly report forms for the last quarter of any calendar year, to each 
employer whose records show the employment of less than fifteen (15) em- 
ployees for two or more quarterly reports during the calendar year a written 
notice and instructions advising such employers of their rights and duties 
and the legal requirements to be met in order to obtain termination of cover- 
age as of January 1 following. The commission is further directed to send 



259 Code of Laws of South Carolina § 7035-94 

to each such employer the prescribed form necessary to effect a termination 
of coverage. 

1945 (44) 236; 1946 (44) 1474. 

1945 p 236 and 1946 p 1474 added above subsection. Section otherwise effective. 

§ 7035-89. Unemployment compensation fund. 

(c) Withdrawals pay benefits — deposit — unclaimed funds. — * * * Provided, 
however, that monies may also be requisitioned from this State's account in 
the unemploj^ment trust fund for the payment of benefits under any unem- 
ployment compensation, unemployment insurance, or unemployment benefit 
law administered by a bureau, department, division, agency or instrumentality 
of the United States to which the commission has made available its personnel 
and facilities for the taking, processing, determination and paying of claims 
under the authority of section 7035-91 (k), provided, further, that no monies 
may be drawn from the unemployment trust fund for the purpose of paying 
benefits for or on behalf of the United States as aforesaid unless provisions 
be first made by law, agreement, or contract for the reimbursement thereof 
by the bureau, department, division, agency, or instrumentality of the United 
States for or on behalf of which such benefits have been paid; and provided, 
further, the commission may establish bank accounts other than the "benefit 
payment account" and deposit therein monies requisitioned from the unem- 
ployment trust fund for the payment of benefits for or on behalf of the United 
States as aforesaid, provided, that all provisions of section 7035-89 (c), govern- 
ing the deposit, administration, mode of check signing, and safeguarding of 
the "benefit payment account" shall apply to any and all accounts estab- 
lished by the commission under the authority of this proviso. Any balance 
of monies requisitioned hereunder from the unemployment trust fund which 
remains unclaimed or not disbursed in such account or accounts after the ex- 
piration of the period for which such sums were requisitioned shall either 
be deducted from estimates for, and utilized in the payment of benefits, dur- 
ing succeeding periods, or in the discretion of the commission, shall be re- 
deposited with the secretary of the treasury of the United States, to the credit 
of this State's account in the unemployment trust fund, as provided in sub- 
section (b) of this section. 

1945 (44) 45. 

Above proviso added by 1945 p 45. Section otherwise effective. 

§ 7035-90. Administrative organization. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1474 and 1475 changed 
the name of S. C. unemployment compensation commission to S. C. employment security 
commission. 

§ 7035-91. Administration. 

See this section in 1944 Supplement. 

§ 7035-92. Employment service. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1474 and 1475 changed 
the name of S. C. unemployment compensation commission to S. C. employment security 
commission. 

§ 7035-94. Collection of contributions. 

See this section in 1944 Supplement. 



§ 7035-95 1946 Supplement 260 

§ 7035-95. Protection of rights and benefits. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1474 and 1475 changed 
the name of S. C. unemployment compensation commission to S. C. employment security 
commission. 

§ 7035-98. Non-liability of State. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1474 and 1475 changed 
the name of S. C. unemployment compensation commission to S. C. employment security 
commission. 

§ 7035-99. Definitions, 
(f) 

(2) Any individual or employing unit which acquired the organization, 
trade or business, or substantially all the assets thereof of another which at 
the time of such acquisition was an employer subject to this article; provided, 
however, that if only a part of the organization, trade or business or assets 
thereof, of another is acquired, the individual or employing unit acquiring 
such part shall not be deemed an employer unless such part, if conducted 
separately, would have been liable as an employer under the article. 

(3) Any individual or employing unit Avliicli ac'(iuired the organization, 
trade, or business or substantially all tlie assets of another employing unit, 
if the employing record of such individual or employing unit subsequent to 
such acquisition, together witli the employment record of tlie acquired unit 
prior to such acquisition, both within the same calendar year, would be 
sufficient to constitute an employing unit an employer subject to this article 
under paragraph (1) of this subsection; provided, however, that if only a part 
of the organization, trade, or business, or assets thereof, of another is ac- 
quired 1)3' an individual or employing unit, the employment record of such 
part prior to acquisition shall be considered, ami not the whole employment 
record of the organization, trade or business from which such part was ac- 
quired, as if such part was conducted separately. 

1945 (44) 377. 

Above paragraphs (2) and (3) under (f) replace said paragraphs in 1942 Code. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1474 and 1475 changed 
the name of S. C. unemployment compensation commission to S. C. employment security 
commission. 

§ 7035-106. Stamp plan. 

See this section in 1944 Supplement. 

§ 7035-107. Commissioners file opinions. 

See this section in 1944 Supplement. 
§ 7035-108. Invalidity. 

See this section in 1944 Supplement. 
§ 7044. Promises and agreements by parol. 

Not applicable to issuing of insurance happening of a contingency. Globe In- 

policies. Aiken Petroleum Co. v. National demnity Co. v. Cooper Motor Lines, Inc., 

Petroleum Underwriters of Western 1945, 206 S. C. 154, 33 S. E. 2d 405. 

Millers Mut. Fire Ins. Co. of Kansas City, Oral land contract without statutes of 

Mo., 1945, 207 S. C. 236, 36 S. E. 2d 380. frauds by part performance. Carson et 

An oral contract to insure is not within al. v. Coleman, 1946, S. C. , 38 

the statute of frauds, since it may be com- S. E. 2d 147. 
pletely performed within a year upon the 



261 Code of Laws of South Carolina § 7112-39 

§ 7054. Observe holidays under § 7050 coming on Sundays the Mondays 
following- — acceptance or payment of certain obligations — time banks and cash 
depositories transact business. — Wlienever any of the legal holidays mentioned 
in section 7050 shall fall upon Sunday, the Monday next following shall be 
deemed a public holiday for all or any of the purposes aforesaid ; provided, 
however, that in such case all bills of exchange, checks and promissory notes 
made after March 25, 1946, which would otherwise be presented for accept- 
ance or payment on the said Monday shall be deemed to be presented for 
acceptance or payment on the secular or business day next succeeding the 
holiday; and provided, fvrthcr, that any business transacted by any bank or 
cash depository in this State on any day of the year other than Sundays shall 
be legal. 

1946 (44) 1456. 

1946 Acts and Joint Resolutions (44 Statutes at Large) page 1456 repealed § 7054, 
1942 Code and 1944 Supplement. 

§ 7054-1. Governor declare additional holidays for banks and cash deposi- 
tories during emergency.— In addition to the holidays enumerated in sections 
7050, 7051, 7052, and 7053, at the request of chairman of the state board of 
banli control and the president of the South Carolina banker's association, the 
Governor may declare anj^ other day or days of the year legal holidays for 
banks and cash depositories, provided, however, that this power shall not be 
exercised except in case of an emergency. 
1946 (44) 1456. 

§ 7104. Liability of owner and lessee of aircraft for damages — liability of 
aeronaut — lien for damages. — The owner of every aircraft which is operated 
over the land or waters of this State is absolutely liable for injuries to persons 
or property on the land or water beneath, caused by ascent, descent, or flight 
of the aircraft, or the dropping or falling of any object therefrom, whether 
such owner was negligent or not, unless the injury is caused in whole or in 
part by the negligence of the person injured, or of the owner or bailee of the 
property injured. If the aircraft is leased at the time of the injury to person 
or property, both owner and lessee shall be liable, and they may be sued 
jointly, or either or both of them may be sued separately. An aeronaut who 
is not the owner or lessee shall be liable only for the consequences of his own 
negligence. The injured person, or owner or bailee of the injured property, 
shall have a lien next in priority to the lien for State and county taxes on 
the aircraft causing the injury to the extent of the damage caused by the 
aircraft or object falling from it. A chattel mortgagee conditional vendor 
or trustees under an equipment trust of any aircraft out of possession shall 
not be deemed an owner or lessee within the provisions of this section. 

1946 (44) 1371. 

Above section replaces § 7104 in 1942 Code. 

§ 7112-33. Acquire property — condemnation proceedings. 

See this section In 1944 Supplement. 

§ 7112-39. Police regulations. 

See this section in 1944 Supplement. 



§ 7112-43 1946 Supplement 262 

§ 7112-43. Shaw Field. 

See this section in 1944 Supplement. 

§ 7121. Term of license — fees — rolling stores. — * * * 

(a) It shall be unlawful for any hawker, peddler or operator of a rollmg 
store, whether licensed or not licensed, to carry on any part of his business, 
or to camp at any place within one-half of a mile of any schoolhouse or 
church in Greenwood County, excepting schoolhouses and churches located 
within the corporate limits of towns and cities having a population in excess 
of 1,000 persons as reported by the United States census for 1940. Any 
person violating the provisions of this subdivision (a) shall be punished by 
a fine or imprisoned in the discretion of the Court. 

1945 (44) 86. 

1945 p 86 added above. 

See also this section in 1944 Supplement. 

§ 7128-1. License peddle mules or horses, Abbeville, Aiken, Anderson, Fair- 
field, Hampton, Lancaster, McCormick, Newberry, Pickens, and Sumter 
Counties. 

See this section in 1944 Supplement. 

ARTICLE IDA 

Plumbing and Plumbers in Counties With City Over 70,000 

§ 7151-1. Governing body of county, municipalities, incorporated communi- 
ties and water, sewer or public service districts provide and prescribe rules 
and regulations for construction of plumbing and sewerage facilities, counties 
with city over 70,000 — hearing — furnish copies — amend — enforcement — pen- 
alties. — In each county in this State containing a city having a population 
of more than 70,000, according to the official United States census, the county 
board of commissioners, or other governing body of the county, is hereby 
authorized and empowered to determine the areas or sections in the county 
in which, by reason of density of settlement or population, rules and regula- 
tions for the construction of all plumbing and sewerage placed in or on any 
building or the premises thereof in such area or section are necessary for the 
protection of public health and safety, and said board is hereby authorized 
and empowered either by resolution or ordinance, to provide and prescribe 
reasonable rules and regulations for the construction of all plumbing and 
sewerage placed in or on any building or the premises thereof in any such 
area or section which the said board shall deem to be necessary and proper 
for the protection of public health and safety in any such area or section: 
provided, however, that should the council, commission, or other governing 
body of any municipality, incorporated community, or water, sewer or public 
service district in the county provide and prescribe such rules and regula- 
tions applicable to the territory comprised within such municipality, incor- 
porated community, or district, authority to provide and prescribe such rea- 
sonable rules and regulations, by resolution or ordinance, being hereby ex- 
pressly granted and conferred, the same shall be effective in such territory, 



263 Code of Laws of South Carolina § 7151-2 

and the rules and regulations provided and prescribed by the county board 
of commissioners, or other governing body of the county, shall not be of 
force in such territory. Whenever said board shall determine that such rules 
and regulations are necessary in any area or section of the county, or when- 
ever the council, commission or other governing body of any municipality, 
incorporated community or water, sewer or public service district in the 
county shall determine that such rules or regulations are necessary in the 
territory comprised within the same, it shall hold a public hearing, after 
notice thereof (describing the area or section) shall have been published in 
a newspaper of general circulation in the county at least once a week for 
three successive weeks, for the purpose of considering the necessity of such 
rules and regulations, the type, coverage and contents thereof, and the exact 
extent of the area or section proposed to be covered thereby, at which hearing 
any and all interested parties shall be entitled to appear and be heard. After 
such hearing shall have been had, and not before, said Board, council, com- 
mission or other governing body, as the case may be, may provide and pre- 
scribe by resolution or ordinance the rules and regulations applicable to 
such area or section, or to such municipality, incorporated community, or 
water, sewer or public service district, as the case may be, as herein author- 
ized. Whenever rules and regulations shall have been provided and pre- 
scribed hereunder, it shall be the duty of the board, council, commission or 
other governing body providing and prescribing the same forthwith to cause 
to be printed a sufficient number of copies of the same to furnish a copy 
thereof to any one applying therefor, and shall cause to be published in a 
newspaper of general circulation in the county a notice stating in substance 
that such rules and regulations have been provided and prescribed, and giv- 
ing the place at which copies thereof may be obtained. The said board, com- 
mission, council or other governing body, as the case may be, shall at all 
times have the right to amend or repeal any rules or regulations provided 
and prescribed hereunder, after due notice and hearing as in the case of 
their original adoption. It shall be the duty of the plumbing inspector or 
other appropriate official or employee of the county health board of the 
county to see that all rules and regulations touching such sanitary plumbing 
are faithfully and diligently observed and executed. Any person, firm or 
corporation wilfully failing or refusing to comply with any applicable rule 
or regulation provided and prescribed hereunder, after written notice of 
such rule or regulation and demand for compliance therewith, shall be guilty 
of a misdemeanor and, upon conviction thereof, shall be punished by a fine 
of not more than one hundred ($100.00) dollars or imprisonment of not more 
than thirty (30) days; provided, that each day after conviction of any such 
failure or refusal to comply that such failure or refusal continue shall con- 
stitute a separate offense and subject to like conviction and punishment. 
1945 (44) 369. 

§ 7151-2. County board of plumbing examiners — appointment — term — va- 
cancy. — (a) In each county in which § 7151-1 of this article is applicable, 
there shall be a county board of plumbing examiners, consisting of three 



§ 7151-2 1946 Supplement 264 

members, one of whom shall be the county health officer, who shall be ex 
officio a member and the chairman of the said board ; the second member 
shall be a master phimber Avith not less than four years' experience; the third 
member of said board shall be a journeyman plumber with not less than 
four years' experience; said second and third members of said board shall 
be appointed by the county board of commissioners, or other governing body 
of the county, or a majority thereof ; and each of said appointees shall hold 
office for the term of one year, and until his successor is appointed as herein 
provided for, and any vacancy in the appointed membership of said board 
shall be filled for the unexpired term in the manner of original appointment. 
Said board shall meet upon the call of the chairman and organize as soon 
as practicable after the making of the original appointments. 

(b) The council, commission, or other governing body of any municipality, 
incorporated communit}^ or water, sewer, or public service district in the 
county which has, under § 7151-1, by resolution or ordinance provided and 
prescribed rules and regulations applicable to the territory comprised within 
such municipality, incorporated community, or district, is hereby authorized 
and empowered to create by resolution or ordinance a city, town or district 
board of plumbing examiners, as the case may be, consisting of three mem- 
bers, one of whom shall be the county health oft'ieer. who shall be ex-officio 
a member and the chairman of said board; the second member shall be a 
master or journeyman plumber with not less than four years' experience; the 
third member of said board shall be a journeyman plumber with not less 
than tAvo years' experience; said second and third members of said board shall 
be appointed by the council, commission, or other governing body creating 
said board, or a majority thereof; and each of said appointees shall hold 
office for the term of one year, and until his successor is appointed as herein 
provided for, and any vacancy in the appointed membership of the board 
shall be filled for the unexpired term in the manner of original appointment. 
Said board shall meet upon the call of the chairman and organize as soon 
as practicable after the making of the original appointments. 

(c) After organization, each board of plumbing examiners created under 
sub-section (a) or under sub-section (b) of this section shall, as soon as pos- 
sible, designate the time and place for the examination of all persons desiring 
to secure a certificate as herein provided for. Each applicant shall be com- 
pelled to pass such examination as to his qualifications as such board may 
direct ; said examination shall be made in whole or in part writing, and shall 
be of a practical and elementary character, but sufficiently strict to test the 
qualifications of the applicant, and if satisfied with the competencj^ of such 
applicant, it shall be the duty of such board of plumbing examiners to issue 
a certificate to such applicant, authorizing him to engage in the business of 
installing sanitary plumbing, as provided in sub -section (d) of this section. 
The fee for the certificate to a master or employing plumber shall be five 
($5.00) dollars; to a journeyman plumber the fee shall be two ($2.00) dollars. 
Said certificate shall be valid for the term of one year, but the same can be 



265 Code of Laavs of South Carolina § 7151-2 

renewed on proper application to the board which issned it and the payment 
of a fee of fifty cents. 

(d) Every person who is engaged in the trade or business of installing 
sanitary plumbing- on the effective date of this article shall be entitled to 
his initial certificate under sub-section (c) of this section without examina- 
tion, provided application therefor is filed wdth, and the fee provided in said 
sub-section is paid to the board issuing the same within sixty (60) days after 
the date of the organization of said board. No person holding a certificate 
granted by a board of plumbing examiners created under section 7147 shall 
be required to have a certificate under this section to engage in the business 
of installing sanitary plumbing or to install sanitary plumbing in any part 
or section of the county, or in any municipality, incorporated .community or 
water, sewer or public service district in the county. No person holding a 
certificate granted by a board of plumbing examiners created under sub- 
section (a) of this section shall be required to have a certificate under this 
section to engage in the business of installing sanitary plumbing or to install 
sanitary plumbing in any part or section of the county, or in any munici- 
pality, incorporated community or water, sewer or public service district 
in the county; provided, however, that this section shall not modify, restrict, 
impair or affect the provisions of sections 7146 through 7151 and no certificate 
issued under the provisions of this section shall authorize the holder thereof 
to engage in the business of installing sanitary plumbing or to install sanitary 
plumbing in any citj^ or town in the county having a population of fifteen 
thousand (15,000) inhabitants or more, as fixed by the federal census of 1920, 
or any subsequent federal census. No person holding only a certificate 
granted by a board of plumbing examiners created under sub-section (b) 
of this section shall be authorized to engage in the business of installing sani- 
tary plumbing or to install sanitary plumbing outside of the territory com- 
prised within the municipality, or the incorporated community, or the water, 
sewer or public service district whose council, commission or other governing 
board created the board Avhich granted such certificate. 

(e) Each board of plumbing examiners created under the provisions of 
this section shall hold not more than two meetings per month; they shall 
each elect from their number a secretary, Avho shall keep in a well bound 
book the names of all persons to whom a certificate has been issued by said 
board. The members of each board shall receive for each meeting a per diem 
as designated by the county board of commissioners, council, commission or 
other governing body which appointed them, to be paid out of the money 
received for the issuing of said certificates. The surplus, if any, shall be 
paid into the treasury of the county, municipality, incorporated community 
or district, as the case may be. 

(f) It shall be unlawful for any person, be he master plumber, employing 
plumber, or journeyman plumber, to engage in the business of installing sani- 
tary plumbing or to install sanitary plumbing for compensation or hire until 
such person shall have made application for and shall have received a cer- 
tificate which authorizes him to engage in such business or to install such 



§ 7151-2 1946 Supplement 266 

sanitary plumbing, in accordance with the provisions of this section. Any 
person violating any provision of this section shall be deemed guilty of a mis- 
demeanor, and, upon conviction, shall be punished by a fine of not exceeding 
one hundred ($100.00) dollars or imprisonment of not exceeding thirty (30) 
days for each offense. 

1945 (44) 369. 
§ 7151-3. Provisions, rtdes, regulations, ordinances and certificates exempted. 
— Nothing in this article contained shall modify, restrict, impair or affect the 
provisions of section 7146 through 7151, or the validity and applicability of 
any rules or regulations relating to the construction of plumbing or sewerage 
heretofore or hereafter promulgated by the county health board of any county 
in which this article is applicable, or the validity and applicability of the 
ordinances of any municipality adopted under said sections 7146 through 7151, 
or of any rules and regulations promulgated thereunder, or of any certificates 
issued thereunder. 

1945 (44) 369. 

§ 7173. Term — duties — powers. 

See this section in 1944 Supplement. 
§ 7232-1. Time contest or bring- action on extension of municipal limits. — 
In all instances when the limits of a city or town shall be ordered extended, 
no contest thereabout shall be allowed unless the person, or persons, interested 
therein shall, within sixty (60) days after the result has been published or 
declared, file with both the clerk of the city or town, and with the clerk of 
court of the county in which said city or town is situate, a notice of his, or 
their, intention to contest said extension; and, unless, within ninety (90) 
days from the time the result has been published, or declared, an action shall 
be begun and the original summons and complaint filed with the clerk of 
court of the county in which said city or town is situate. 

1946 (44) 1376. 

§ 7233. Enact rule or ordinances for police government. 

Motor vehicle safety statutes are not Hall v. Burg, 1945, 206 S. C. 173, 33 S. E. 

applicable to vehicle parking on munici- 2d 401. 
pal streets not in state highway system. 

§ 7238. Town and city councils — election. — In all towns and cities which by 
law have been divided into wards or other political and geographical sec- 
tions the town or city councils shall be composed of wardens or aldermen 
elected from each ward or section separately by the electors of such ward, 
and not by the electors at large of said towns or cities, and the mayors or 
intendants shall be elected at large by a direct vote of the qualified electors 
of such city or town ; provided, that the provisions of this section shall not 
apply to the cities of Greenville, Georgetown, Sumter, Marion, Summerville, 
Charleston and Fountain Inn. Provided, further, that the provisions of this 
section shall not apply to the city of Chester wherein the eight (8) Aldermen 
of said city shall be elected at large by a direct vote of the qualified electors 
of said city; the said aldermen and the mayor of said city shall constitute 
the city council of said city. 

1945 (44)' 103. 

1945 p 103 added last proviso and changed punctuation. Above section replaces 
§ 7288, 1942 Code. 



267 Code of Laws of South Carolina § 7280-2 

§ 7242. MTinicipal officer cannot contract with municipality — exceptions. — 



* * 



Provided, that any municipal officer may enter into a contract to perform 

work or furnish material for a municipal corporation of which he is an officer 

whenever the said contract is awarded to him as low bidder after a public 

call for bids, provided that such contracts be allowed by the unanimous vote 

of the city council upon each specified contract, such vote to be taken by 

yeas and nays and entered upon the council's minutes. 

1946 (44) 1418. 

Above proviso added by 1946 p 1418. 

§ 7280-2. Municipalities may extend water and sewer systems. 

(1) Provide by ordinance for payment of cost. — Any or all incorporated 
cities and towns of this State are hereby authorized and empowered to pro- 
vide by ordinance for the payment of the costs of extending its water and 
sewer system to any property owner or owners as hereinafter provided. 

(2) On request of property owner extend water and sewer service — costs — 
levy assessments. — Upon the written request of any property owner or owners 
requesting the city or town to extend to him or them water and sewer service 
and agreeing to pay the cost thereof the city or town may provide such service 
and levy an assessment against the property of the owner or owners so re- 
questing such service for the costs thereof. 

(3) Deposit and use of receipts. — The amounts of money raised by such as- 
sessments shall constitute and be kept as a separate fund, to be used for the 
purpose for which it was raised. 

(4) Assessments lien — collection. — The assessments so laid shall constitute 
a lien upon the property so assessed, which lien shall be superior to all other 
liens except the liens for county, state and city taxes, and payment thereof 
may be enforced as the payment of city or town taxes is enforced; provided, 
such assessments be entered in a book kept by the city or town clerk, to be 
entitled "Water and Sewer Assessment Liens", stating the name of the own- 
ers, the location of the property and the amount of the assessment and the 
time or times of payment ; and, provided, further, that such lien shall continue 
from the date of entry on such book until the expiration of five years from 
the date when final payment is due and payable, unless sooner paid. Upon 
default in the payment of any installment or deferred portion of any assess- 
ments, at the time and in accordance with the terms and conditions fixed by 
ordinance, the total amount of any such assessment then unpaid (including 
deferred installments or payments and interest) shall immediately become 
due and collectible, at the option of the city or town, and shall be collectible 
as city or town taxes are collected, and with such penalties and costs as are 
now provided for the payment of such taxes. 

(5) Extend system beyond city limits — enter assessments in clerk of court's 
office. — Any city or town is authorized and empowered to extend its system 
beyond the citj' limits provided that each water and sewer system is extended 
to property beyond city limits. The assessment shall be entered in an assess- 
ment book in the office of the clerk of court for the county in which said city 



§ 7280-2 1946 Supplement 268 

is located which assessment shall be furnished by the city. Said assessment 
book to be furnished and paid for by the city. 

(6) Satisfy assessments paid. — It shall by ordinance be made the duty of 
the city or town clerk to make entry of satisfaction on such "Water and 
Sewer Assessment Book" as soon as full pajnnent is made, and the lien shall 
be thereby extinguished. 

(7) Issue certificates of indebtedness showing money due by property own- 
ers as deferred payments — sell — borrow — payment. — The city or town coun- 
cils of said cities and towns are authorized and einpowered to issue certificates 
of indebtedness showing the amounts of money due to such cities or towns 
by property owners as deferred payments or installments upon such assess- 
ments and to sell any of such certificates of indebtedness or to borrow money 
by pledging any of them as collateral security for the payment of such debt 
or debts, and in either event of sale or collateral pledge of such certificates, 
or any of them, to pledge the faith and credit of such cities or towns for the 
payment thereof, and to guarantee the payment of same for and in the name 
of such cities or towns ; provided, it shall not be necessary for a separate cer- 
tificate of indebtedness to be issued showing the amount due from each prop- 
erty owner, but said certificates may be issued in denominations of one hun- 
dred dollars, or any multiple thereof. Provided, further, that it shall not be 
necessary for the maturities of said certificates of indebtedness to correspond 
exactly to the maturities of said deferred payments or installments of the 
assessments, and said certificates may be issued having fixed dates of matur- 
ities, but, in the event of payment of the assessments before the maturity of 
the certificates, the amount of such assessment so paid shall be placed in a 
sinking fund and held solely for the payment of the certificates of indebted- 
ness issued against them. 

1945 (44) 256. 

§ 7281. Commissioners of public works — election — terms, etc. — * * * 

The l)oard of public works of the town of Prosperity is hereby abolished 
and all of the duties, rights, powers and privileges heretofore exercised by 
and conferred upon the commissioners of public works are hereby devolved 
upon the intendent and wardens of the town of Prosperity. The commission- 
ers of public works shall turn over to the intendent and wardens of the town 
of Prosperity, immediately, all the property, monies, receipts, bonds, stocks 
and any other property owned and controlled by the said commissioners of 
public works. 

1946 (44) 1403. 

1946 p 1403 added paragraph above. See this section in 1944 Supplement also. 

§ 7283. Powers — reports — concurrence of council. 

See this section in 1944 Supplement. 

§ 7327. Special elections issue bonds for certain purposes.— It shall be the 
duty of the municipal authorities of any incorporated city or town in this 
State, upon a petition of a majority of the freeholders of said city or town, 
as shown by its tax books, to order a special election in any such city or 
town for the purpose of issuing bonds for the purchasing, repairing, or im- 



269 Code of Laws of South Carolina § 7327 

proving of city or town hall, or part or grounds therefor, markets and guard- 
house ; enlarging, extending or establishing electric light plants or other 
lights, or waterworks or sewerage ; erecting, repairing or altering school 
buildings, municipal stadiums, fire protection purposes, improvements of 
streets and sidewalks, or any corporate purposes set forth in said petition : 
provided, that, in exercising the powers conferred by this section and other 
sections authorizing tlie issuance of bonds, the city or town shall observe the 
limitations applicable to such city or town, imposed by the Constitution of 
South Carolina, upon the amount of bonded indebtedness of cities and towns : 
that, in submitting to the qualified electors of any city or town the question 
of incurring a bonded indebtedness, notice of the election shall be deemed 
sufficiently given if there be published twice in a newspaper printed in such 
city or town, once at least twenty (20) days before the election and once 
within the period of fifteen (15) days before the election a notice stating 
the day of election and the amount or maximum amount and the purpose 
or purposes of the bonds proposed to be issued ; provided that, if there be 
no newspaper printed in such city or town, such notice shall be published 
in the same manner in some newspaper printed in the county or else posted 
in at least five conspicuous places in such city or town not less than twenty 
(20) days before such election; provided, further, that the bonded indebted- 
ness of the city of Georgetown shall not exceed fifteen (15%) percent of the 
taxable value of the property of said city. Provided, that where the city 
of Sumter now and hereafter paves the streets of the city in order to connect 
the present paved streets with the paved county roads and the said paved 
streets pass and abut property not available for residential or business prop- 
erty by reason of lack of drainage or other reason, the city council may pay 
four-fifths of the costs for paving such street and assess the abutting prop- 
erty one-fifth of the costs of such paving. Provided, further, that if by reason 
of drainage, or for other reasons, the said property shall become available 
for residence or business property, the city council shall levy assessments on 
said abutting property for the remainder of the time that the bonds issued 
for paying for said paving have still to run, so that such property shall be 
assessed and the owners thereof shall pay an amount equal to one-half of the 
total costs of such paving. Provided, further, that the provisions of this 
section shall not prevent the combining of two or more corporate purposes 
in the petition of the freeholders and in those instances it shall be proper 
that the question submitted to the qualified electors be stated in the com- 
bined form used in the petition. Provided, further, that all elections here- 
tofore held, which were called to act upon a petition in which two or more 
corporate purposes Avere thus combined, and where there was submitted to 
the qualified electors tlie question thus combining two or more corporate 
purposes and in form substantially as set forth in the petition seeking the 
election, are hereby declared to be validly and properly held and bonds 
heretofore or hereafter issued as a result of the affirmative action taken by 



§ 7327 ^ 1946 Supplement 270 

a majority of qualified electors voting at said election are hereby declared 
to be valid and binding obligations of said municipalities. 

1946 (44) 2577. 

1946 p 2027 provided for municipalities vote on issuing bonds for stadiums and 
changed punctuation. Above section replaces § 7327, 1942 Code. 

§ 7376. Assessments a lien — enforcement and collection. 

Duration of lien in Spartanburg. Ma- 31 S. E. 2d 140. 
son V. Williams et al., 1944, 205 S. C. 130, 

§ 7402. Incorporation — surrender of charter. — The citizens of any proposed 
town of not less than one hundred (100) nor more than one thousand (1000) 
inhabitants in this State, desiring to be incorporated, shall file their peti- 
tions for that purpose, setting out the corporate limits proposed for the 
town and the number of inhabitants therein, and signed by ten freehold 
electors thereof, who are freeholders in the precinct in which the proposed 
town is located, with the secretary of state. The secretary of state shall then 
issue to three or more persons of said town a commission authorizing them 
to provide for the registration of all electors within the proposed corporate 
limits of said town and to appoint three managers of the election ; and at 
such election the said registered electors shall vote on the following ques- 
tions : first, corporation ; second, name of town ; third, selection of intendant 
and four wardens. The managers shall certify the result of such election 
under oath to the secretary of state and, if in favor of corporation, the 
secretary of state shall issue to the intendant and wardens-elect a certificate 
of incorporation of said town, with the privilege, powers and immunities 
and subject to the limitations provided in sections 7402 through 7422: 'pro- 
vided, that the corporate limits of towns or less than 1000 inhabitants, incor- 
porated under the provisions of this article, shall not extend further than 
one mile from the center thereof: provided that, whenever it shall appear 
that a town of less than 1000 inhabitants has decreased in population since 
its incorporation to less than 100 inhabitants, then the charter of such town 
shall thereby become forfeited; and, secondly, that whenever a majority of 
the registered electors of any town of less than 1000 inhabitants shall file 
with the intendant or wardens of such town a petition asking for an election 
on the question of surrendering the charter of such town, such intendant 
or wardens shall order an election to determine the question, at which all 
qualified voters of such town be permitted to vote, and if two-thirds of those 
voting shall vote in favor of the surrendering of such charter, that the in- 
tendant or wardens shall certify the result to the secretary of state, who 
shall immediately thereupon cancel the charter theretofore issued to such 
town. 

1946 (44) 1539. 

1944 Acts and Joint Resolutions (43 Statutes at Large) page 2261 repealed § 7402, 
1942 Code. 

1946 p 1539 changed "registered electors" on line 23 in 1942 Code to "qualified 
electors" and also on line 24 substituted "1,000" for "300," and changed punctuation. 
Above section replaces § 7402, 1942 Code. 

§ 7403. Officers — election — term. — Bepealed hy 1044 -4cfs and Joint Resolu- 
tions (43 Statutes at Large) page 2261. 



271 Code of Laws of South Carolina § 7414 

§ 7414. Council may impose tax. — The said town council shall also have power 
by ordinance to impose an annual tax upon all real and personal property 
within the corporate limits of said town, but such tax shall not exceed fifty 
cents on the one hundred dollars; provided, that the town of Prosperity, 
in the county of Newberry, shall have authority to levy such tax for ordinary 
purposes not to exceed fifteen mills; provided, also, that the said town of 
Prosperity shall have authority to levy an annual tax upon any business or 
occupation conducted within the corporate limits ; provided, the town council 
of the town of Moncks Corner in Berkeley County, South Carolina, shall 
have power, by ordinance, to impose an annual tax on all real and per- 
sonal property within the corporate limits of said town, but such tax not 
to exceed fourteen mills, provided no increase of said levy above five 
mills shall be made until the same is submitted to the qualified electors 
in said town and approved by them, and it shall also have power, by 
ordinance, to levy an annual tax upon any business or occupation con- 
ducted within the corporate limits. The taxes so levied shall constitute a 
lien upon the property upon which it is levied paramount to all liens, except 
the lien for state and county taxes. For the purpose of collecting the 
same, said town council is hereby empowered to issue executions against 
all property and place same in the hands of some officer for collection, 
who shall have all the rights as now conferred upon sheriffs for the en- 
forcement of tax executions ; provided, that said licenses shall be granted 
according to the gross income of the persons, firms or corporations required 
to pay such licenses, or upon the amount of capital invested in said business. 
Provided, further, the town council of the town of Port Royal shall have 
power, by ordinance, to impose an annual tax on all real and personal property 
within the corporate limits of said town, but such tax shall not exceed twenty 
mills or two dollars on each one hundred dollar valuation. Provided, further, 
that the town council of the town of Cameron, in Calhoun County, shall have 
power, b}^ ordinance, to impose an annual tax on all real and personal property 
within the corporate limits of said town, but such tax shall not exceed sixteen 
(16) mills or one dollar and sixty cents ($1.60) on each one hundred ($100.00) 
dollars valuation. Provided, further, in the town of Summerton, Clarendon 
County, the town council shall have power to impose, by ordinance, an 
annual tax for ordinary jDurposes not exceeding twenty (20) mills on 
all real and personal property within the corporate limits of said town. 
Provided, that the town council of the town of Hampton, in the county 
of Hampton, shall have the authority to levy such tax for ordinary 
purposes of the said town as said council may deem necessary, not 
exceeding one and 50/100 ($1.50) dollars on one hundred dollars' prop- 
erty valuation. Provided, that the town council of the town of Carlisle, 
in the County of Union, shall have the authority to levy such tax for ordinary 
purposes of the said town as said council may deem necessar.y, not exceeding 
twenty (20) mills on one hundred dollars property valuation, provided, the 
matter of levying the additional levy of fifteen mills, shall first be submitted 
to the qualified electors of said town. Provided, that the town council, of 



§ 7414 1946 Supplement 272 

the town of Duncan, Spartanburg County, shall have the power to impose an 
annual tax on all taxable property Avithin the corporate limits of said town 
not in excess of twenty-five (25) mills on each one hundred dollars valuation. 
Provided, further, that the town council of the town of Llayesville in Sumter 
County shall have poAver, by ordinance, to impose an annual tax on all real 
and personal property Avithin the corporate limits of said town, but such 
tax shall not exceed tAvelve (12) mills or one dollar and twenty ($1.20) cents 
on each one hundred ($100.00) dollars valuation. Provided, further, that the 
town of Nichols, in the county of Marion, shall have authority to levy an 
annual tax for ordinary- purposes not exceeding forty (40) mills on one hun- 
dred dollars valuation, however, if the annual tax levy shall exceed fifteen 
(15) mills in any one year, the levy in excess of fifteen (15) mills shall not 
be imposed until it has first been submitted to the qualified electors in said 
town, for approval by a majority of said electors voting thereon, and it 
shall also have authority to levy an annual tax upon any business or occu- 
pation conducted within the corporate limits of said town. Provided, that 
the town of McClellanville in the county of Charleston, shall have authority 
to levy an additional tax of five (5) mills on all of the propert}', real and 
personal, within its incorporate limits; however, such authority shall cease 
at the end of said town's fiscal year at the termination of the present Avar. 
Provided, that the toAvn of Ridge Spring, in the county of Saluda, shall have 
the authority to levy and collect a tax for ordinary purposes not to exceed 
tAventy (20) mills. Provided, that the toAvn of Pinewood in the county of 
Sumter, shall have authority to levy and collect a tax for ordinary purposes 
not to exceed fifteen (15) mills. Provided, that the tOAvn of Donalds in 
Abbeville County shall have authority to levy and collect a tax for ordinary 
purposes not to exceed fifteen (15) mills. Provided, further , that the town 
council of the toAvn of Greeleyville, in the county of Williamsburg, shall have 
power, by ordinance, to impose an annual tax on all real and personal property 
within the incorporate limits of the said town not to exceed ten mills on each 
hundred dollars A'aluation. 

1943 (43) 167; 1944 (43) 1198; 1945 (44) 99, 107; 1946 (44) 1344, 1405. 

1943 p 167 added proviso relating to 1945 p 107 added proviso relating to Gree- 
McClellansville; 1944 p 1198 added pro- leyville; 1946 p 1405 eliminated St. Ste- 
viso relating to Ridge Spring; 1945 p 99 phens from proviso above relating to 
added proviso relating to Pinewood; 1946 Moncks Corner. Punctuation and form 
p 1344 added proviso relating to Donalds; changed. 

§ 7437. Tax levy — penalty — tax executions. — The said toAvn council shall 
have the poAA'er to impose, by ordinance, published at least twenty days, an an- 
nual tax not over tAvo (2%) per cent, in toAvns containing betAveen one thousand 
and five thousand inhabitants, of the assessed value thereof on all real estate 
lying within the corporate limits of said city or town, and all personal property 
within the same, including bonds and stocks of banks, and insurance companies 
and other corporations, the real estate of churches and school associations from 
AA^hich said churches and school associations draAv a revenue, or Avhich are in- 
tended to be rented out for such purposes, except such as is exempt from taxa- 
tion under the constitution and laws of this State. Such tax shall be levied 
by the city or town authorities on the propertj' within the corporate limits, 



273 Code of Laavs of South Carolina § 7437 

as assessed for taxation for county and state purposes. The said council shall 
also have power to provide for the payment of a penalty not exceeding 
fifteen (15) per cent of the taxes so levied for non-payment of the said taxes 
when due, payable when the said taxes become delinquent ; and the taxes so 
levied, and also the said penalties, shall constitute a lien upon the 'property 
upon which the said tax is levied until paid, paramount to all other liens, 
except the lien for county and state taxes ; and for the purpose of collecting 
the same the said city or town council shall have the power to enforce the 
paj'ment of all such taxes and penalties levied and provided for under the 
authority of this article against the property of defaulters, to the same extent, 
and substantially' in the same manner as is provided by law for collection of 
state and count}' taxes and penalties ; except that executions to enforce the pay- 
ment of the said taxes and penalties due the said city or town shall be issued 
under the seal of the corporation by the clerk thereof, and directed to the 
chief of police, or any other officer designated by the city or town council for 
that purpose; and except further, that all sales under and by virtue of such 
execution shall take place in front of the city or town hall or other public 
place designated by ordinance in such city or town. The said clerk and the 
said chief of police or other officer so designated as aforesaid, shall be allowed 
the same fees and costs in the enforcement of such executions, and for sales 
thereunder as are allowed, respectively, to the county treasurer and sheriff, 
which fees and costs shall be enforceable and collectible in the same manner 
as fees and costs under county and state tax executions, and on sale there- 
under. In addition to the annual tax authorized under this section such city 
and town council shall have the right to levy such further annual tax as may 
be necessary to pay the interest on all outstanding bonds issued by said city 
or town and to create the necessary sinking fund for the redemption of said 
bonds at their respective maturities. All such additional taxes as have here- 
tofore been levied for the purpose of paying interest on bonds and creating 
si]iking funds are hereby validated in all respects : provided, that the town 
of Bamberg shall include the levy for the health and drainage district in the 
per cent allowed under the provisions of this section ; provided, further, that 
nothing in this section contained shall be construed as to prevent any city or 
town, the fiscal year of which differs from the fiscal year of the State, from 
enforcing payment of its taxes and penalties and execution therefor, according 
to the fiscal year of such city or town : provided further, that the town council 
of the town of York may levy as provided herein an annual tax not to exceed 
forty (40) mills upon the assessed value of all taxable property lying within 
the corporate limits of said town : provided, further, that the town council of 
the town of Dillon may levy as herein provided an annual tax not exceeding 
three and one-half (31/2 ) per cent of the assessed value of all taxable property 
lying within the corporate limits of said town: provided, further, that the 
town council of the town of Mt. Pleasant, South Carolina, may lew\' as herein 
provided an annual tax not exceeding three and one-half (31/2) per cent of the 
assessed value of all taxable property lying within the corporate limits of said 
town : provided, further, that the town council of the town of Summerville 



§ 7437 1946 Supplement 274 

may levy as herein provided an annual tax not exceeding three (3) per cent 
of the assessed value of all taxable property' within the corporate limits of the 
said town. 

Provided, further, that the town council of the town of Pendleton may levy as 
provided' herein an annual tax not to exceed forty (40) mills upon the assessed 
value of all taxable property situate within the corporate limits of said to-wai. 
Provided, further, that the town council of the town of Walterboro may 
also levy an additional tax of not exceeding one-half (l/^) of one (1) per cent 
of the assessed value of all taxable property lying within the corporate limits 
of the said town of Walterboro. 

Provided, further, that the town council of the town of St. George, Dorchester 
County, South Carolina, may levy as herein provided an annual tax not exceed- 
ing three (3%) per cent of the assessed value of all taxable property Ijing 
within the corporate limits of said town. 

Provided, further, that the town council of the town of Manning may levy as 
herein provided an annual tax not exceeding two and six-tenths (2.6) per cent 
of the assessed value of all taxable property lying within the corporate limits 
of said town. 

1942 (42) 1485, 1588; 1946 (44) 1332. 

Above section replaces § 7437 in 1942 Code and 1944 Supplement. 

§ 7446. Government — offices. 

See this section in 1944 Supplement. 

§ 7447. Election of mayor and aldermen — oath — appeals. 

See this section in 1944 Supplement. 

§ 7449. Clerk and treasurer. — Said town council shall have the power to 
elect a clerk and treasurer, who shall execute such bond for faithful per- 
formance of his duties as fixed by said town council, and his salary shall be 
fixed before election; also, said council shall have the power, if in their 
judgment it is necessary, to elect a recorder, manager, attorney and such 
other officers for said town as the said council may from time to time find 
necessary or proper to have in the administration of the affairs of said town, 
and fix the salaries for same. 

1946 (44) 1327. 

1946 p 1327 provided for the election and fixing of salaries of manager, attorney 
and other officers. Above section replaces § 7449, 1942 Code. 

§ 7452. Juries, municipalities under 5,000. — (1) The mayor and aldermen 
or councilmen in any cit}' or town in this State containing by the last census, 
less than 5,000 inhabitants are hereby declared to be the jury commissioners 
of the municipal court of said city or town, and they shall on or before the 
first day of May of each year, prepare a box to be known as the "Jury Box" 
which said box shall contain two apartments designated as A and B, respec- 
tively, and shall prepare and place within said time in apartment A of said 
box the names of not less than 75 per cent of the qualified electors of such 
city or town of good moral character and eligible to jury duty, and after so 
placing such names in apartment A, the mayor or presiding officer of said 
court shall lock the box and keep the same in a place of safety ; provided, 
that the provisions of this section shall not apply to municipalities in the 
counties of Marion, Berkeley and Horry, in the town of Hemingway, in 



275 Code of Laws of South Carolina § 7452-3 

Williamsburg County, the town of Woodruff, Spartanburg County, and the 
town of Batesburg, in Lexington and Saluda Counties, in which said counties 
and towns of Hemingway, Woodruff and Batesburg juries for the courts 
in the respective municipalities shall be prepared and drawn in the same 
manner as juries are now drawn in the magistrate's courts in South Carolina. 

1943 (43) 138; 1946 (44) 1328. 

Above subsection 1 replaces said subsection in 1942 Code and 1944 Supplement. 

§ 7452-2. City council fix salary of mayor and councilmen, cities over 1,000 
and less than 5,000. — In incorporated cities and towns in South Carolina of 
less than five thousand and more than one thousand inhabitants, according 
to the latest census of the United States of America, the city council shall 
have power and is hereby authorized to fix by ordinance a salary for the 
mayor not exceeding twelve hundred ($1,200.00) dollars per annum, and a 
salary for each councilman of not more than three hundred ($300.00) dollars 
per annum : provided, that no salary of the mayor or councilmen shall be 
increased or reduced during the term of office of any incumbent without the 
unanimous vote of the council: provided, further, that any such city or town, 
where at the present time, the salary of the mayor exceeds twelve hundred 
($1,200.00) dollars per annum, and the salary of the councilman exceeds 
three hundred ($300.00) dollars per annum, the salary of the mayor and 
councilman shall not be affected by the provisions of this section. 
1945 (44) 178. 

§ 7452-3. Municipalities of 1,000 and not over 5,000 establish, construct, 
operate and maintain a hospital. 

(1) Authorized! — issue bonds — levy taxes. — Any city or town in the State 
of South Carolina, having a population of not less than one thousand inhabi- 
tants and not more than five thousand, according to the 16th census of the 
United States of America, 1940, shall have power and authority to establish, 
construct, operate and maintain a municipal hospital, either within or with- 
out its corporate limits, and to issue bonds and to levy taxes for that purpose. 

(2) Vote on establishment and maintenance — election. — Before any such 
city or town may establish and build a hospital under the terms of this section, 
a petition, signed by a majority of the freeholders of such municipality, 
shall be presented to the city council, setting forth the purpose thereof and 
the amount of the bonded indebtedness to be incurred, if any, with the request 
that the question of the establishment and maintenance of a municipal hos- 
pital be submitted to the qualified electors of such municipality, either in a 
special election called for that purpose or at the time of the regular election 
of city officials; and, upon receipt of said petition, the city council may, 
by ordinance or resolution setting forth the purposes of the election, the 
amount of the proposed bonded indebtedness to be incurred, if any, and any 
other pertinent facts, order the election for that purpose, first giving at 
least (30) days' notice of such election before the holding thereof, with the 
question or questions to be submitted, in one or more newspapers published 
in said city or town, if one be published therein, and if not, then in the news- 
paper published nearest to said city or town and having general circulation 
therein, and the additional posting of notices of the election in three con- 



§ 7452-3 1946 Supplement 276 

spicuous places in said city or town. Such election shall be held at the 
usual place or places in said city or town according to the law governing 
municipal elections therein, and the votes shall be canvassed and the results 
declared in the same manner as in the election of officers for such municipality. 

(3) Board of trustees — terms — vacancy. — If a majority of the qualified 
voters at such election shall vote in favor of the establishment, construction, 
operation and maintenance of a municipal hospital, the council of said city 
or town shall elect a board of trustees of said hospital, consisting of three 
members, one of whom shall be elected for a term of three years, another 
for a term of two years, and the other for a term of one year, and there- 
after each one's successor shall be elected by the council for a term of three 
years. In the event of a vacancy by death, or resignation, or by change of 
residence by any trustee from the limits of the city, the said council shall 
immediately elect a trustee to fill the unexpired term. 

(4) Trustees — oath — officers — pay. — The persons elected trustees of said 
municipal hospital shall qualify by taking the oath of office required by 
other officials of the municipality, and then they shall organize as a board 
of trustees of said hospital by the election of one of their number as chair- 
man and one as secretary. The treasurer of said city or town in which the 
hospital is to be established shall serve as the treasurer of the hospital board 
of trustees, in addition to his regular duties, and he shall receive and be 
responsible for all funds of the hospital delivered to him, and he shall pay 
out the same as directed by the hospital board of trustees, without additional 
compensation to himself unless so paid by the city or town. The trustees 
of said hospital shall receive no compensation for their services as trustees, 
but may be reimbursed for any cash expenditures actually made for personal 
expenses incurred in the fulfillment of their duties of the office. 

(5) Issue bonds. — If a majority of the qualified voters in tlie election held 
for the establishment of a hospital shall also vote for the issuance of bonds 
in a designated sum (the amount thereof to be recited in the petition calling 
for an election and in the notices of such election and also stated on the 
ballots) for the purposes of purchasing tlie required real estate and con- 
structing and equipping the hospital building or buildings, then the city or 
town council may proceed to issue and sell municipal coupon bonds, in the 
name of the municipality, in a sum not exceeding that voted for in the elec- 
tion. Said bonds shall mature serially over a period not exceeding thirty 
(30) years from date of issue, shall bear interest at a rate not exceeding four 
per cent per annum, payable annually, and be payable to bearer within or 
without the State of South Carolina, and shall be in such form and denom- 
inations as the city council of such municipality may determine. The said 
bonds shall be signed by the mayor and the treasurer and the seal of the 
issuing municipality shall be impressed thereon, but the coupons attacked 
may be authenticated by only the lithographed or the facsimile signatures of 
the mayor and treasurer of said municipality. The bonds so executed shall 
be valid notwithstanding any change in officials occurring before delivery 
thereof. Said bonds shall be sold for not less than par and accrued interest, 
upon sealed bids, after notice of such sale by publication in some newspaper 



277 Code of Laws of South Carolina § 7452-3 

published in said city or town or having general eirenlation therein for at 
least tifteen daj^s prior thereto. The award shall be given to the bidder 
offering the most advantageous terms for the purchase of said bonds, Avith 
the right to the city council to reject any and all bids and reoffer the said 
bonds for sale. The proceeds derived from the sale of said bonds shall be 
deposited with the city or town treasurer and shall be disbursed by him 
upon direction of the hospital board of trustees for the purposes authorized 
herein. 

(6) Payment of bonds. — The full faith, credit and taxing power of any 
city or town issuing bonds hereunder for the purposes outlined in this section 
are hereby irrevocablj' pledged for the prompt payment of said bonds, with 
accrued interest thereon, as and when the same become due ; and the city 
or town council of such municipality is authorized and directed to levy 
annually a sufficient tax on all the taxable property within the limits of said 
city or town sufficient to pay said bonds, with interest accruing thereon, 
as they respectively become due, and the city or tOAvn clerk and treasurer 
are authorized and directed to collect the said tax and apply the same to 
the payment of the bonds. 

(7) Board acquire and maintain property — name — memorials — architect. — 
The board of trustees of said hospital shall have power and authority to 
acquire real estate by purchase or gift for hospital purposes in the name of 
the city or tow^n, and to apply for and accept grants, gifts, contributions, 
trust funds, or other property for and in the name of said hospital, to name 
said hospital in honor of any principal grantor or contributor to the same, 
and to authorize and establish memorials in the hospital buildings or on 
the grounds in the name of anj^ donor upon request. The said board of 
trustees shall also have power and authority to employ an architect to exe- 
cute necessary plans for a hospital building or buildings and to supervise 
the construction thereof, if deemed necessary, and to contract for the con- 
struction of said building or buildings, after receiving bids therefor accord- 
ing to the prevailing custom of receiving bids and letting contracts, to the 
lowest responsible bidder, with the right to reject any and all bids until a 
satisfactory bid has been submitted. They are further empowered to pur- 
chase furnishings, equipment and supplies, and to replace the same from time 
to time, and they shall be responsible for the maintenance, repairs and up- 
keep of the buildings and property. 

(8) Operation. — The said board of trustees shall adopt and promulgate 
such rules and regulations and bylaws for the operation and government of 
the hospital as may be deemed expedient and necessary for the economic 
and equitable conduct thereof, and establish thereby procedure for receiving 
and discharging patients, the rates, fees and charges to be made and collected 
for beds in wards or in private rooms, and for the use of facilities and classified 
services, and, if and when necessary, the said trustees may bring court pro- 
ceedings for the enforcement of rights and the collection of accounts. They 
shall also have power to employ a superintendent of the hospital and other 
employees, and to designate the approved staff of physicians and surgeons, 



§ 7452-3 1946 Supplement 278 

nurses and technicians, and to do generally any and all things necessary to 
carry out the operation of an approved hospital. 

(9) Board — meetings — records — audit. — The board of trustees of any such 
hospital shall meet once each month for the transaction of business, and 
oftener if necessary, and they shall keep a complete record of all contracts, 
rules and regulations, and of all proceedings of the board, and also a record 
of all moneys received and all expenditures and disbursements made, and 
shall file a copy of such records at the end of every month with the city 
clerk for review and approval by the city council. The city or town council 
of any such municipality shall have an annual audit made of the records 
of the hospital, the moneys received and the expenditures thereof, said audit 
to be filed in the clerk's office and to become a part of the permanent records 
of said city or town, 

(10) Patients. — Any hospital established under the provisions of this sec- 
tion shall be primarily for the use and benefit of the inhabitants of the mu- 
nicipality owning and operating the same, but in- no event shall this section 
be construed as compelling such hospital to admit charity patients, it being 
the intent hereof that payment shall be made to the hospital for all patients 
according to the established rates, in order to operate said hospital, as far as 
possible, on a self-supporting basis. However, the board of trustees may 
admit non-resident patients from contributing districts, as hereinafter defined, 
upon the same rate basis as established for residents of the miniicipality, or 
they may admit non-resident patients from outside the municipality and out- 
side contributing districts upon a higher rate basis than established and 
charged residents of the municipality and contributing districts, if such 
higher rates are deemed advisable and necessary' to keep the hospital on a 
self-supporting basis. The said board of trustees is further authorized to 
enter into contracts with any hospital benefit association permitted mider 
the laws of this State to insure for hospital care, and to accept insured pa- 
tients from within the municipality or from contributing districts, or from 
other outside areas if the facilities permit and beds are available. They 
may further authorize the admission and care of charity patients upon pay- 
ment of approved charity rates by county or municipal governments, or by 
payment from any charitable organization or eleemosynary corporation. 

(11) Board make available facilities to school districts. — The board of trus- 
tees of any municipal hospital established under the provisions of this section 
may enter into agreement with the residents of any adjoining or nearby 
school district, or districts, (including any portion of a school district outside 
the limits in which said city or town is located) to permit the residents 
of said district to use said hospital upon the same conditions, terms and rates 
as extended and established for residents of the municipality, the same to be 
accomplished by fixing a levy of taxes upon all property in said school dis- 
trict, or any determined portion thereof, said levy to be commensurate with 
any levy made by the municipality for the purposes of payment of any bonded 
indebtedness incurred in the building of the hospital, the interest thereon, 
and any costs of operation and maintenance. If the residents of any such 



279 Code of Laws of South Carolina § 7452-4 

school district, or portion thereof outside the city limits, desire to enter into 
such an agreement with the trustees of the hospital, they may petition the 
county legislative delegation of the county in which said district is located, 
setting forth the millage to be levied upon the property in said district and 
requesting the same, said petition to be signed by a majority of the free 
holders and also a majority of the qualified electors therein and to bear the 
approval of the board of trustees of said hospital. Upon presentation of 
such petition, the county legislative delegation of the county in wjiich said 
district is located may, by resolution, direct the auditor of said county to 
levy annually the additional millage upon all the taxable property in said 
district for the benefit of the hospital named in said petition, in the same 
manner and at the same time all other county taxes are levied, and further 
direct the treasurer of the county in which said district is located to collect 
said taxes for the benefit of the named hospital and to transfer said fund 
to the treasurer of the city or town in which said hospital is located. If 
at any time any such contributing agreement should become unsatisfactory, 
the hospital board of trustees may discontinue the same at the end of any 
calendar year by giving prior notice to the county legislative delegation 
and the auditor of the county in which the school district is located, or a 
majority of the freeholders and a majority of the qualified electors in said 
district may petition the county legislative delegation to discontinue the 
same, and, in either event, the auditor of the county shall remove the special 
levy. 

(12) Levy taxes pay deficits. — The council of any municipality building 
and operating a hospital under the terms of this section, may levy annually 
upon all of the taxable property within the limits thereof, a sufficient tax 
to supplement the costs of operation and maintenance of said hospital, should 
said hospital during any annual period fail to be self-supporting, said tax 
to be levied and collected in the same manner and at the same time all other 
municipal taxes are levied and collected. 

(13) Jurisdiction of municipality when hospital outside its limits. — Should 
any municipal hospital authorized under the provisions of this section be built 
outside the corporate limits of said city or town, the jurisdiction of the mu- 
nicipal corporation shall extend over all land and property used for said 
hospital, and all ordinances of such city or town shall be in full force and 
effect in and over the territory so occupied. 

(14) Cumulative. — The powers conferred in this section are cumulative and 
in addition to all existing laws authorizing the building, operation and main- 
tenance of hospitals, and none of the same are hereby amended or repealed, 
it being the intent hereof to provide additional authority and powers and 
alternative methods and procedure for the establishment, operation and main- 
tenance of hospitals as herein directed. 

1945 (44) 284. 

§ 7452-4. Term elect peace officers, towns of 3,200 and not over 3,300, 1940 
census — removal. — The town council of any town having a population of not 
less than thirty-two hundred (3,200) nor more than thirty-three hundred 



§ 7452-4 1946 Supplement 280 

(3,300), by the census of 1940, is hereby authorized to elect all peace officers for 
a term extending beyond the term of office of the members of the town council so 
electing, and to fix by ordinance the term of office of all peace officers of 
said town, which are now, or hereafter may be, elected by the said town 
council: provided, however, no peace officer so elected shall obtain any vested 
right to any office or position to which elected, so as to deprive the town 
council of the rights to remove such peace officer prior to the expiration of 
his term, as herein provided. 

The said town council of any town having a population of not less than 
thirty-two hundred (3,200), nor more than thirty-three hundred (3,300), by 
the census of 1940, shall have the right at any time to remove any peace 
officer for the good of the town, under such rules and regulations as the town 
council shall prescribe, and the decision of the town council, in removing a 
peace officer prior to the expiration of the term for which he shall have been 
elected, shall be final and conclusive and shall rest entirely within the discre- 
tion of the said town council, but the said town council shall give its reason 
for its action for so removing the officer and shall file such reasons with the 
clerk of the said town as a part of the town's public record. 

1946 (44) 1311. 

§ 7453. Incorporation — mode — government — powers. — Whenever one hun- 
dred citizens of any proposed city of this State, containing more than 5,000 
inhabitants, shall desire that the said city shall become incorporated, they 
may present to the secretary of state a petition for that purpose, setting 
forth the name of the proposed city, the proposed corporate limits and the 
number of inhabitants thereof, signed by at least one hundred freehold voters 
of said proposed city, the secretary of state shall then issue a commission 
to not more than ten, or less than five, commissioners, citizens of the said pro- 
posed city, empowering them to proceed to the proper registration of the 
electors within the proposed corporate limits of the proposed city and to ad- 
vertise an election for (20) consecutive days in the newspapers published 
within the proposed c6rporate limits of the proposed city, and if there be no 
newspaper published therein, then to advertise by posting a notice of such 
election, for tw^enty consecutive days, in not less than three public places 
within such proposed corporate limits, and to appoint managers to conduct 
the same, which election shall be conducted as all other municipal elections, 
and at which the electors shall vote on the following questions: (1) corpora- 
tion; (2) name; (3) mayor and aldermen, voting for one alderman from each 
ward, and if said proposed city be not divided into wards, then for six alder- 
men from the proposed city at large. The managers of such election shall 
make their sworn returns of the result of said election to the said commis- 
sioners, who shall certify the same to the secretary of state, which return 
shall show the number of those voting in said election, together with the 
number of those voting on each of said questions. If a majority of those 
voting in such election shall vote in favor of such proposed territory being 
incorporated, then the secretary of state shall issue a certificate of incorpora- 
tion of said proposed city, under §§ 7453 through 7469, which certificate 



281 Code of Laws op South Carolina § 7455-1 

shall state the name of the proposed city, and those receiving the highest 
number of votes for mayor and aldermen, respectively, in the election here- 
inbefore provided for shall be the mayor and aldermen of said city until 
their successors shall have been elected as hereinafter provided for. 

Said city shall be governed by a mayor and aldermen, or, in case of mu- 
nicipalities being divided into wards, one alderman from each ward, who 
shall be known as the city council of said city. Said maj'or and alderman 
shall be qualified electors of this State and of the county in which said city 
is situated, and they shall have resided in the corporate limits of said city at 
least six months immediately preceding the day of election. If a city be 
divided into wards, the aldermen from each ward shall be a qualified elector 
thereof, and shall be elected by the qualified electors thereof. The said mayor 
and aldermen shall be elected every two years, on such days and at such 
places in said city as shall be designated by the city council of said city, ten 
days' public notice thereof being previously given. They shall hold their 
offices for a term of two years and until their successors shall have been 
elected and qualified. Provided, that an.v city may by ordinance duly adopted 
make the term of office of the members of its city council coterminous with 
its fiscal year, and the term of office of the members of the city council at 
the time of the adoption of such ordinance shall end at the end of the fiscal 
year nearest two years from the date of their election and when their suc- 
cessors shall have been elected and qualified, and their successors shall hold 
office for a term of two years from the end of that fiscal year and until 
their successors have been elected and qualified. 

All cities and towns in this State that have, or may hereafter receive, a 
certificate of incorporation under the general laws of the State from the 
secretary of state of the State of South Carolina, are hereb}^ declared to be 
bodies politic and corporate, and entitled to exercise all the powers and privi- 
leges and subject to all the limitations and liabilities provided for municipal 
corporations in this State Avithin the respective classes to which they may 
severally belong, as provided by law ; and every such certificate of incorpora- 
tion, and the incorporation thereof, is hereby confirmed, validated and rati- 
fied, any irregularity, error or omission in the proceedings on which the 
certificate is issued to the contrary notwithstanding; and the incorporation 
or corporate capacity of any such city or town shall not be attacked in any 
court in this State except on permission of the General Assembly of this 
State granted by special act for that purpose. 

1945 (44) 78. 

1945 p 78 added the proviso to 2nd paragraph above, changed punctuation and style. 
Above section replaces § 7453, 1942 Code. 

§ 7455-1. Execution of deeds to property condemned by municipalities under 
§ 7455. — After real property has been acquired by a municipality under the 
provisions of section 7455, the owner shall execute his or her deed without 
warranty conveying the same to such municipality for the purpose for which 
said property was condemned on the city paying unto such owner the amount 
of the award in such condemnation proceeding. If such owner shall fail or 
neglect so to do then the clerk of court of common pleas in the county in 



§ 7455-1 . 1946 Supplement 282 

which such municipality is located shall, on the condemnation proceedings 
being filed in his office and entered as a judgment roll and on the amount 
of the award being paid to him for the owner, execute a deed for the property 
condemned to such municipality in the name of the owner which deed shall 
be without warranty and shall be for the purpose for which said property 
was condemned and said deed shall be binding on said owner, his or her heirs 
and assigns : 'provided, that no such deed shall be given by the clerk of court 
until ten days have elapsed from the date of the award and where there has 
been an appeal within ten days from such award such deed shall not be exe- 
cuted by the clerk until after final disposition of such approval. 
1946 (44) 1500. 

§ 7470. Annual tax for expenses and liabilities. 
See this section in 1944 Supplement. 

§ 7484. Fees. — For every new building or old building repaired or altered, 
inspected, the following fees shall be charged : two dollars for each mercantile 
store room, livery stable or building for manufacturing of one story, and fifty 
cents per room ; provided, the inspection fee shall in no case exceed five dollars. 
Before issuing the building permit, the fees above stated shall be paid to 
the city treasurer. The building inspector shall be paid adequate compen- 
sation by the city or town for inspections made under the terms of sections 
7475 through 7527. Cities having a population of 70,000 or more, according 
to the official United States census, shall be authorized to establish a schedule 
of fees for the inspection of new buildings and the inspection of repairs 
to or alterations of existing buildings, which shall not exceed two ($2.00) 
dollars for any construction, repairs or alterations costing less than two 
thousand ($2,000.00) dollars, and shall not exceed one ($1.00) dollar for each 
and every one thousand ($1,000.00) dollars of construction, repairs or alter- 
ations costing in excess of two thousand ($2,000.00) dollars. 

1945 (44) 33. 

1945 p 33 added last sentence. Above section replaces § 7484, 1942 Code. 

§ 7528-14. Municipalities of 7,000 and not over 8,000 grant motor bus fran- 
chises. 

(1) Authorised.— All towns in the State of South Carolina having a popu- 
lation of not less than seven thousand (7,000) nor more than eight thousand 
(8,000) population according to United States census of 1940 hereby are 
authorized and empowered to grant to any individual firm or corporation 
and their heirs or assigns and successors for such a period of time as may be 
deemed prudent and proper not exceeding ten years; the right, privilege 
and power to establish, maintain and operate motor bus transportation sys- 
tems in and upon the streets of such towns for the transportation of passen- 
gers for hire. 

(2) Services render — rates — schedules.— The control of said motor bus lines 
shall be under the supervision of the town councils of said towns as to the 
service to be rendered to the public by the said licensees and the town coun- 
cils of the said towns shall fix the routes to be covered by the said bus lines. 



283 Code of Laws of South Carolina § 7532 

the schedules of said bus lines and the maximum charge to be made by such 
motor bus lines. 

(3) Cancel license on failure to give proper services. — If at any time during 
the period of any license granted pursuant to this section, or validated by this 
section, the said licensees shall fail in any manner to give proper and satis- 
factory service, the town councils of the said towns shall cause notice to be 
served upon the licensee, said notice to show wherein the licensee has failed 
to give satisfactory service, and if the licensee shall thereafter fail to give 
proper service, the town councils of said towns may thereupon cancel the 
license granted by it, and the said licensees shall have no further right to 
operate a bus or buses upon the streets of the said tow^ns. 

(4) Authority of public service commission — powers of councils. — The pub- 
lice service commission shall have no authority to raise or lower rates fixed 
in such franchise, nor shall it have jurisdiction in any respect over the opera- 
tion of such bus lines, but the power granted to the public service commission 
in general to supervise and regulate public utilities in the State of South 
Carolina, are hereby vested in the town councils of the said towns in respect 
to the operation of the public service herein referred to within the limits of 
the said towns during the period of such licenses or franchises. 

(5) Bus stations. — The said town councils of the towns herein specified are 
hereby authorized and empowered to construct bus stations or to acquire 
same by lease, gift, or purchase and to maintain and operate same or lease 
the same as in the discretion of the said town councils may be proper. 

1945 (44) 282. 

§ 7532. Firemen's pension funds for municipalities except cities of 14,000 
and less than 20,000 and cities from 20,000 to 50,000 under commission form 
of government. 

(1) Authorized — trustees — raise funds. — In all cities of this State, other 
than those included in the terms of sections 7531 and 7658-1, having a fire 
department with one or more paid members, and the city council thereof is 
hereby authorized and empowered to form a pension fund; create a board 
of trustees to manage said fund ; and to raise funds for the pensioning of 
disabled and retired firemen of said cities. 

(2) Trustees — officers — treasurer. — The board of trustees shall consist of 
five members, as follows: the chairman of the board of fire commissioners 
or fire masters, the chief of the fire department, the mayor of tlie city, and two 
citizens, one to be appointed by the maj'or and one to be appointed by the 
chief of the fire department, both to be confirmed by the city council and to 
hold office for such time as the citj^ council may elect. The board shall select 
from their members a president and secretary and the city treasurer shall be 
ex-officio treasurer of said board and custodian of said pension fund, but 
shall have no vote as a member of the said board. 

(3) Funds — raising — taxes — firemen contributions. — The funds for such 
pension fund shall be raised as follows: (1) Tlie board of trustees may take 
by gift, devise or bequest any money, real estate, personal property, or other 



§ 7532 1946 Supplement 284 

valuable things and pay the same into the pension fund. (2) All forfeitures 
and fines imposed upon any member of the fire department, by way of dis- 
cipline, shall be paid into said pension fund. (3) All proceeds from sales 
of condemned or discarded personal property and equipment in use in said 
department, may be j^aid into said pension fund. (4) The city council of 
any city, having a board of trustees under this section, is empowered to levy 
and collect such taxes as ma}' be necessary and appropriate such moneys as 
may be necessary to supplement and support such pension funds, and they 
are authorized and empowered to assess and collect from the salary of each 
member of the fire department, an amount not in excess of three per cent, 
of such salaries and pay the same into the pension fund. 

(4) Investment of pension funds. — Said board of trustees shall have power 
to invest said pension funds in the name of the "Board of Trustees of the 

Firemen's Fund of the City of ", in interest bearing 

bonds of the United States, and the State of South Carolina, or of the city 
in which such board of trustees is in operation. All such securities shall be 
deposited by the treasurer with other securities of such city and shall be 
subject to the order of the said board of trustees. 

(5) Warrants — issuance — execution. — All moneys ordered to be paid by said 
board of trustees shall be paid by the treasurer only upon warrants signed 
by the president of the board and countersigned by the secretary thereof, 
or in the absence of either one or both of said officers, by the president and 
secretary pro tem., as may be appointed by the board of trustees at a meeting 
called for that purpose, and no warrant shall be drawn except by order of the 
board, duly entered in the records of the proceedings of the board. 

(6) Receipts from pension funds. — In case the said pension fund, or any 
part thereof, shall, by order of said board or otherwise, be deposited in any 
bank or banks, or invested as hereinbefore stated, all interest or money 
which may be paid or agreed to be paid on account of such sums or deposit, 
shall belong to, and constitute a part of said fund ; provided that nothing herein 
contained shall be construed as authorizing said treasurer to deposit said funds, 
or any part thereof, unless so authorized by the board. 

(7) Depositories. — Upon the organization of a board of trustees of a fire- 
men's pension fund hereunder, said board shall, at its first meeting, select 
a bank or banks in such city in which all moneys shall be deposited by the 
treasurer of such board. 

(8) Report to council annually. — The board of trustees shall make a report 
to the city council of the said city of the condition of said pension within 
sixty days after the end of each fiscal year of such city. 

(9) Cities pay semi-annually amounts levied — collection of assessments. — 
City councils of cities having a board of trustees of firemen's pension funds, 
under this section shall ordain and order that the city treasurer pay into the 
said pension fund, semi-annually, at such dates as may be adopted by said 
city council, the amounts as levied, said treasurer to report same to the sec- 
retary of the board of trustees to be entered on the records of said board 
at its next meeting. The collection of the assessments under this section 



285 Code of Laws op South Carolina § 7532 

shall be liable to enforcement, the same as any other taxes under the laws 
of this State. 

(10) City attorney act for trustees. — It shall be the duty of the city attor- 
ney or corporation counsel to give advice to said board of trustees in all 
matters pertaining to their duties and the management of said firemen's 
pension fund whenever thereunto requested, and he sliall represent and de- 
fend said board as its attornej" in all suits or actions at law, or in equity 
that may be brought against it, and bring all suits and actions in its behalf 
that may be required or determined upon by said board. 

(11) Rules and regulations — applications for pensions — records. — The board 
of trustees of the firemen's pension fund shall make all needful rules and reg- 
ulations for its government in the discharge of its duties, and shall hear and 
decide all applications for pensions under this section, and its decisions on 
such applications shall be final and conclusive, and not subject to review or 
reversal except by the board. The board shall cause to be kept a record of 
all its meetings and proceedings. 

(12) Pensions — allowance — payment — attachment — funeral expenses. — 
Pensions shall be allowed and paid as follows : 

(a) No person who had, or has attained thirty-five years of age upon first 
becoming regularly employed as a member of the fire department, shall ever 
be eligible for any benefits under this section unless he has been regularly 
and continuously a volunteer member of the same department since before the 
attainment of thirty-five years of age. Any person eligible for a pension un- 
der this section and who has held the same position for five j^ears with any 
department but who has been demoted for political reasons, shall have his 
pension computed on the basis of the highest salary which he earned con- 
tinuously for five years. 

(b) Any member of the fire department of said cities having pension funds, 
who shall, while in the performance of his duties in said fire department, 
and while responding to alarms of fire, become and be found, upon examina- 
tion by the physician, to be appointed by city council of said city, to be 
physically or mentallj^ disabled by reason of such service in said fire depart- 
ment, said board of trustees of the firemen's pension fund shall, upon the 
certificate of said physician and by a majority vote, retire such disabled member 
from service in said fire department ; provided, no such retirement on account 
of disability shall occur, unless said member has contracted said disability 
while in the service and in the performance of his duty. Upon such retire- 
ment the said board of trustees shall order the payment to such disabled or 
retired member of such fire department monthly from said pension fund the 
sum of one hundred ($100.00) dollars a month. 

(c) The board of trustees by a majority vote of its members and with the 
approval of the said physician appointed by the city council, shall have 
the power to retire from the service of the fire department, any member 
thereof who has become disabled by age or other causes, and who has per- 
formed faithful service in the department for a period of not less than ten 
years, and they shall in such case, place the member so retired upon the 



§ 7532 1946 Supplement 286 

pension roll, such retired member to receive from the pension fund an amount 
equal to one-third of his monthly compensation as salary at the date of 
such retirement; if such disabled member has performed faithful services 
\n the department for a period of not less than twenty years, he shall be 
placed upon the pension roll and shall receive from the pension fund monthly, 
an amount equal to one-half the monthly compensation allowed such member 
as salary at the date of his retirement ; a member who has attained thirty-five 
years of age and who has performed faithful services in the department for 
a period of not less than twenty-five years, shall have the right to retire, 
regardless of disability, and shall be placed upon the pension roll and shall 
receive from the pension fund monthly, an amount equal to one-half the 
monthly compensation allowed to such members, as salary at the time of 
his retirement; and a member who has performed faithful services in the 
department for a period of not less than thirty-five years, shall have the 
right to retire, regardless of disability, and shall be placed upon the pension 
roll and shall receive from the pension fund monthly, an amount equal to 
two-thirds of the monthly compensation allowed to such member as salary 
at the date of his retirement. Provided, that any fireman witliin the purview 
of this section, who has served in the fire department of a city, or who has 
served in fire departments of one or more cities that come within the terms of 
this section, for a period of twenty-five (25) years, shall upon his written 
application, be retired and receive a monthly pension of one hundred ($100.00) 
dollars. Provided, that no fireman shall be required to so apply. This section 
shall also apply to those firemen already retired, either because of physical 
disability or otherwise. 

(d) Any regular member of such fire department, or any retired member 
after the completion of ten years regular service, shall be entitled to a fu- 
neral benefit to two hundred dollars upon death from any cause, said funeral 
benefit to be paid by the board of trustees from said pension fund to the near- 
est relative of said deceased fireman or pensioner. 

(e) No person shall be entitled to receive any pension or other benefits 
from said fund except a regularly paid member of a regular organized fire 
department and in accordance with the provisions herein contained. 

(f) No portion of said pension fund shall, either before or after its order 
of distribution by said board to such disabled and pensioned members of 
said fire department, be held, taken, subjected to, or retained, or levied on by 
virtue of any attachment, execution, injunction, writ, interlocutory or other 
order or decree, or any process or proceeding whatsoever issued out of or by 
any court in this State, for the payment or satisfaction in whole or in part 
of any debt, damage, claim, demand of judgment against any member, but 
the said fund shall be sacredly held, kept, secured and distributed for the 
purpose of pensioning the persons, or the payment of funeral expenses, as 
named in this section, and for no other purpose whatsoever. 

(13) List of retired firemen. — There shall be kept in the office of the board 
of trustees by the secretary, a book to be known as the list of retired firemen. 
This book shall give a full and complete history and record of all the actions 



287 Code of Laws of South Carolina 7602 

of the board of trustees in retiring any and all persons under this section; 
such records shall give names, date of joining the department, date of retire- 
ment and the reason thereof, of any and all persons retired. 

(14) Interest on funds suificient pay pensions and benefits. — When the 
pension fund of any city shall have reached an amount of such proportions 
that the interest thereon is sufficient to pay all pensions and benefits, no 
further taxes shall be levied, or assessments from salaries collected or appro- 
priations made for the benefit of the pension fund until such interest is not 
any more sufficient to pay such pensions and benefits. 

(15) Funds insufficient to pay pensions and benefits. — If at any time, from 
any unforeseen cause, there shall not be sufficient money in said pension 
fund to pay each person entitled to the benefit thereof, the full amount per 
month as herein provided, then, an equal percentage of such monthly pay- 
ment shall be made to each beneficiary until the said fund shall be replen- 
ished sufficiently to Avarrant the resumption of payment thereafter of full 
pension pay to each of said beneficiaries, unless city council shall by direct 
appropriation supplement the pension fund sufficiently to enable the board 
of trustees to pay the full amounts per month as herein provided. 

(16) When pay pensions and benefits. — No pensions or benefits shall be 
allowed, passed upon or paid by said board of trustees until there shall be 
in such pension fund at least $1,000.00 exclusive of any anticipated tax, levy, 
appropriation or salary assessment. 

(17) No effect on §§ 752a, 7658-1 and 8021.— Nothing contained in this sec- 
tion shall be construed to repeal, alter, modify or change in any respect, the 
provisions of sections 7531, 7658-1, and 8021. 

1945 (44) 236; 1946 (44) 1475. 

Above section replaces § 7532, 1942 Code. 

§ 7546. Civil service commission for fire and police departments for cities 
of 25,000 to 55,000. 

See this section in 1944 Supplement. 

§ 7548-1. Planning commission, cities over 34,000. 

See this section in 1944 Supplement. 

§ 7568. Name or change names of streets and roads and numbers thereon 
within five miles of the center of cities over 60,000 and less than 70,000. 

See this section in 1944 Supplement. 

§ 7585. Publication of names of candidates. — Repealed hij 1944 -^cts and 
Joint Resolutions (43 Statutes at Large) page 2292. 

§ 7588. Elections and petitions. 

See this section in 1944 Supplement. 
§ 7600. Primary elections. — Repealed hy 1944 ^c^s and. Joint Resolutions (43 
Statutes at Large) page 2290. 

§ 7601. Serving interest of candidate for office, etc., prohibited. — Repealed 
hy 1944 ^c^s and Joint Resolutions (43 Statutes at Large) page 2257. 

§ 7602. Expenses of elections. — Repealed hy 1944 -^ct and Joint Resolutions 
(43 Statutes at Large) page 22R3. 



§ 7605 1946 Supplement 288 

§ 7605. Duties and salaries of coimnission. — The executive and administra- 
tive powers and duties shall be by said council distributed among five depart- 
ments, of which each of the members of council shall be the superintendent 
of one, the mayor making the assignment, and reassignments being made by 
a vote of council, when deemed necessary. The council shall have power 
to change or abolish any offices theretofore existing in said city, and to 
establish such offices w^ith such salaries as may seem desirable, and shall, 
by a vote of three members, fill a position, or remove any officer except 
certain civil service positions and officers hereinafter provided for : provided, 
however, that in cities of not less than fifty thousand inhabitants and not more 
than one hundred thousand inhabitants all salaries of city officials holding office, 
either by election of the former city council or by appointment by the ma.yor at 
the time of the adoption of this form of government, and whose terms of office for 
which they have been elected or appointed shall not then have expired, shall con- 
tinue to hold office without reduction of their then salaries for the balance of the 
unexpired term of their respective offices. In cities of over ten thousand (10,000) 
inhabitants and less than twenty thousand (20,000) inhabitants the mayor 
shall be paid an annual salary of eighteen hundred ($1,800) dollars, and 
each councilman an annual salary of twelve hundred ($1,200) dollars, payable 
in equal monthly installments : provided, that in cities of over fifty thousand 
inhabitants and less than one hundred thousand inhabitants the mayor shall 
receive an annual salar}- of five thousand ($5,000) dollars, and each council- 
man shall receive an annual salary of four thousand ($4,000) dollars, payable 
in equal monthly installments. Regular meetings of the council shall be held 
at such times as may be provided for by ordinance, and at least once a month, 
and all meetings, whether regular or special, at which any person not a city 
officer is admitted shall be open to the public: provided, that in the city of 
Florence, upon reduction of tlie city council from four to three members, 
the executive and administrative powers and duties shall be by said council 
distributed among three departments, each of which shall have a member 
of the council as superintendent thereof, the assignment to be made in the 
manner hereinabove designated: provided, further, that as and when the mem- 
bership of the said city council of Florence is reduced from four to three, 
as above provided, the mayor shall be paid an annual salary not to exceed 
$300.00, payable in equal monthly installments, and each councilman, in lieu 
of all other salary, shall be paid the sum of $5.00 for each meeting of the 
council attended by such councilman, not to exceed two meetings in any 
one month : provided, that the provision of this section, relating to the number 
of members on the city council, shall not apply to the city of Orangeburg, 
which shall continue to have a city council composed of a mayor and two (2) 
eouncilmen; that the provision of this section relating to the annual salary 
of the members of the council .shall be applicable to the city of Orangeburg, 
but that no salary of any mayor or councilman shall be increased or de- 
creased during the term of office of any incumbent without the unanimous 
vote of council. 

1946 (44) 1364. 

1946 p 1364 added last proviso and changed punctuation. 



289 Code of Laws of South Carolina § 7662 

§ 7609. Recall of officers — special provisions as to Florence. — Repealed by 

J944 Acts and Joint Besolntions (JiS Statutes at Large) page 2268. 

§ 7610. Initiative — referendum — amendment or repeal of ordinance — Flor- 
ence. — Repealed hij 19Jf.Ii. Acts and Joint Resolutions (Ifo Statutes at Large) 
page 2302. 

§ 7611. When ordinances suspended. — Repealed hy 1944 Acts and Joint Reso- 
lutions (43 Statutes at Large) i^age 2302. 

§ 7616. Managers of election. 

See this section in 1944 Supplement. 

§ 7623. Cities over 2,000 and under 4,000 adopt commission form of govern- 
ment with manager — procedure — powers. 

See this section in 1944 Supplement. 

§ 7624. Only nominees as above provided may be candidates — term. — 

Repealed hy 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2290. 

§ 7627. Adoption of form of government to be submitted to election — proc- 
lamation. — Repealed by 1944 Acts and Joint Resolutions (43 Statutes at Large) 
page 2294. 

§ 7631. Primary elections — how conducted. — Repealed by 1944 Acts and 
Joint Resolutions (43 Statutes at Large) page 2265. 

§ 7632. Expenses of election. — Repealed by 1944 Acts and Joint Resolutions 

(43 Statutes at Large) page 2265. 

§ 7636. Ordinances — ^how passed — franchise to occupy streets. 

1946 p 1418 provides for municipal officer contract with municipality to render 
services or furnish materials when contract awarded on low public bid basis — see 
§ 7242, 1946 Supplement. 

§ 7638. How mayor and councilmen may be removed from office. — Repealed 
by 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2294- 

§ 7639. Ordinances may be proposed by petition — election. — Repealed by 

1944 Acts and Joint Resolutions (43 Statutes at Large) page 2327. 

§ 7640. Ordinances may be suspended. — Repealed by 1944 Acts and Joint 

Resolutions (43 Statutes at Large) page 2327. 

§ 7655. Duties of election commissioners — managers — conduct of elections — 
recounts — contests — registration. — Repealed by 1944 Acts and Joint Resolu- 
tions (43 Statutes at Large) page 2294- 

§ 7658. Penalty for serving candidate for money consideration. — Repealed 

by 1944 Acts and Joint Resolutions (43 Statutes at Large) page ^257. 

§ 7661. Laws relating to cities between 35,000 and 45,000 applicable. — Re- 
pealed by 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2290. 

§ 7662. Does not repeal adoption by cities over 8,000 and under 20,000, 1920 
census. 

See this section in 1944 Supplement. 



§ 7663 1946 Supplement 290 

§ 7663. Party primary — how conducted — second primary. — Repealed hy 1944. 
Acts and Joint Resolutions (43 Statutes at Large) page 2247. 

§ 7664. Books of enrollment — notices by chairman — applicants — procedure 
for striking- name from roll — ^final list. — Repealed hy 1944 ^c^s and Joint 
Resolutions (43 Statutes at Large) page 2247. 

§ 7664-1. Primary elections nominate mayor and aldermen, Rock Hill. — 

Repealed hy 1944 Acts and Joint Resolutions (43 Statutes at Large) page 2247. 

§ 7665. Repealing clause. — Repealed hy 1944 ^cis and Joint Resolutions (43 
Statutes at Large) page 2247. 

§ 7666. Laws applicable, except as herein provided. — Repealed hy 1944 ^^ts 
and Joint Resolutions (43 Statutes at Large) pages 2296 and 2297 . 

§ 7667. Adoption of commission form not affected. — Repealed hy 1944 -^cfs 
and Joint Resolutions (43 Statutes at Large) pages 2296 and 2297. 

§ 7668. Primary elections. — Repealed hy 1944 ^cts and Joint Resolutions (43 
Statutes at Large) pages 2296 and 2297. 

§ 7669. Enrollment. — Repealed hy 1944 ^cfs and Joint Resolutions (43 Stat- 
utes at Large) pages 2296 and 2297. 

§ 7670. Commissioners of elections. — Repealed hy 1944 ^cis and Joint Reso- 
lutions (43 Statutes at Large) pages 2296 and 2297. 

§ 7675-lA. Tax levy, Abbeville. 

See this section in 1944 Supplement. 

§ 7675-lB. City planning commission, Aiken. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1409 
thru 1413 make up this section. See same for contents. 

§ 7675-4A. Sinking fund commission, Anderson — members — election — terms. 

See this section in 1944 Supplement. 

§ 7675-lOA. Bennettsville combine its waterworks system, sewer system and 
electrical distribution into combined utility system. 
See this section in 1944 Supplement. 

§ 7675-12A. Intendant and wardens, Bluffton — election — term. 

See this section in 1944 Supplement. 

§ 7675-12B. Term of mayor and councilmen, Chapin. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) pages 328 
and 329 make up this section. See same for contents. 

§ 7675-16A. Chester, Gaffney, Lancaster, and Newberry grant franchises for 
operation of motor bus transportation systems upon their streets for transpor- 
tation of passengers for hire. 

See this section in 1944 Supplement. 
§ 7675-16B. Chester airport commission. 

See this section in 1944 Supplement. 

§ 7675-16C. Clinton license motor bus transportation system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1457 
and 1458 make up this section. See same for contents. 



291 Code of Laws of South Carolina § 7675-51A 

§ 7675-17A. Commission of public works abolished and duties and powers 

devolved, Clover. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1347 
make up this section. See same for contents. 

§ 7675-22A. Conway license motor bus transportation system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1472 
thru 1474 make up this section. See same for contents. 

§ 7675-25A. Darlington borrow. 

See this section in 1944 Supplement. 

§ 7675-25B. Intendant and wardens, Elloree^ — election — ^term. 

See this section in 1944 Supplement. 

§ 7675 -25C. Recorder, Dillon. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) page 332 
make up this section. See same for contents. 

§ 7675-28A. Salary of members of board of public works, Gaffney. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1317 
make up this section. See same for contents. 

§ 7675-37A. Intendant and wardens, Hardeeville — election — term. 

See this section in 1944 Supplement. 

§ 7675-37B. Hartsville assess abutting- property for improvements. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 2600 
and 2601 make up this section. See same for contents. 

§ 7675-39A. Election of alderman, Leesville. 

See this section in 1944 Supplement. 

§ 7675-39B. Laurens grant bus franchises. 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) page 152 
make up this section. See same for contents. 

§ 7675-40A. Duties and powers of public works commission devolved, Mc- 
Coll. 

See this section in 1944 Supplement. 

§ 7675-40B. McColl exempt property of churches from paying paving assess- 
ments — refunds . 

Provisions of 1945 Acts and Joint Resolutions (44 Statutes at Large) page 319 
make up this section. See same for contents. 

§ 7675-45A. Commission of public works abolished and duties and powers 

devolved^ North Augusta. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1355 
make up this section. See same for contents. 

§ 7675-45B. Orangeburg license or operate motor bus transportation system. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1372 
thru 1374 make up this section. See same for contents. 

§ 7675-50A. Mayor and councilmen, Spartanburg — salaries — city manager. 

Provisions of 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 1561 
and 1562 make up this section. See same for contents. 

§ 7675-51A. Police officers and jailers furnish bonds, Spartanburg. 

See this section in 1944 Supplement. 



§ 7675-53A 1946 Supplement 292 

§ 7675-53A. Sumter license motor bus transportation system. 

See this section in 1944 Supplement. 

§ 7675-53B. Sumter city council — members — term. 

See this section in 1944 Supplement. 

§ 7675-54A. Union grant motor bus transportation system franchise — renew. 

See this section in 1944 Supplement. 

§ 7675-59. Primary election of municipal officers, West Columbia. — Repealed 
by 1944 -^c^s and Joint Resolutions (43 Statutes at Large) page 2255. 

§ 7675-61. Winnsboro grant franchises transport passengers. 

See this section in 1944 Supplement. 
§ 7682. Apply to corporation for new stock, when same lost or destroyed — 
give notice. — Whenever a stockholder holding one or more shares of stock 
in any corporation organized under any special act or general laws of the 
State shall desire a new certificate of stock in the place of his original cer- 
tificate of stock which shall have been lost or destroyed, he shall make appli- 
cation to such corporation for the issuing of such new certificate, after having 
caused to be published once a week for three successive weeks in a news- 
paper published in the county where such corporation has its principal place 
of business, a notice that sucli stock certificate (designating its number) has 
been lost or destroyed, and that application will be made to such corporation 
for a new certificate on a fixed date. 

1946 (44) 1314. 

Time advertise decreased to 3 weeks from 6 weeks and changed punctuation, 1945 
p 1314. Above section replaces § 7682, 1942 Code. 

§ 7697-1. Exchange stock of one class for stock of another class — disposition. 

See this section in 1944 Supplement. 

§ 7710. Powers of directors after dissolution of corporation. 

See this section in 1944 Supplement. 

§ 7764. Rights and privileges granted to foreign corporations. 

Chapter 1.54 includes within its purview for the purpose of doing an intrastate bus- 
and provides for the "domestication" of iness. State v. Ford Motor Co., 1946, 
foreign corporations entering the State S. C , 38 S. E. 2d 242. 

§ 7765, Stipulation to be filed by foreign corporations doing business in this 
State. 

Finding that defendant was not doing Inc., v. Bahnson Co. et al., 1945, 207 S. C. 

business in South Carolina is essentially 226, 36 S. E. 2d 465. 

a finding of fact which Supreme Court This section applies to foreign corpora- 
has no power to review, unless wholly tions desiring to transact intrastate bus- 
unsupported by the evidence or mani- iness within the State, and also foreign 
festly influenced or controlled by error of corporations which desire to, and do, re- 
law. Deaton Truck Lines, Inc., v. Bahnson strict their business here to interstate 
Co. et al., 1945, 207 S. C. 226, 36 S. E. commerce. State v. Ford Motor Co., 1946, 

2d 465. S. C , 38 S. E. 2d 242. 

Service upon a foreign corporation en- 
Procedure ascertain whether action gaged here only in interstate commerce 
grows "out of the transaction of any bus- upheld. State v. Ford Motor Co., 1946, 
iness in this State". Deaton Truck Lines, S. C , 38 S. C. 2d 242. 

§ 7769. Penalties for failure to file statements or pay fees. 

"Domestication" cannot be required of State v. Ford Motor Co., 1946, S. C. 

a foreign corporation which is not en- , 38 S. E. 2d 242. 

gaged in intrastate business in the State. 



293 Code of Laws of South Carolina § 7813 

§ 7773. Condition precedent to doing business in this State. 

Applied. King v. Order of United Com- Supp. 740. 
mercial Travelers of America, 1946, 65 F. 

§ 7774. Corporations doing business in this State deemed doing business 
under this chapter. 

Applied. King v. Order of United Com- Supp. 740. 
mercial Travelers of America, 1946, 65 F. 

§ 7776. Subject to laws — limitations. 

Applied. King v. Order of United Com- Supp. 740. 
mercial Travelers of America, 1946, 65 F. 

§ 7790. Aliens can hold only 500 acres land — exceptions — vested rights un- 
affected—transfers. — No alien or corporation controlled by aliens either in 
his or its own right or as trustee, cestui que trust or agent, shall own or control 
within the limits of this State, more than five hundred acres of land: provided, 
this section shall not apply to land purchased under proceedings, either by 
action or power of sale, to foreclose any mortgage hereafter acquired by any 
alien or corporation controlled by aliens, purchasing the same, but in such 
case such alien or corporation controlled by aliens, shall not be entitled to 
hold said excess of land more than five years, without sale of same, unless 
the comptroller general shall certify that a sale during that time would be 
materially detrimental to the interest of such alien or corporation controlled 
by aliens, in which case the said alien or corporation controlled by aliens, 
may hold the land for five years longer upon the same conditions. 

Nothing in this section shall apply to lands already owned or controlled 
by the persons or corporations referred to in this section nor to lands already 
mortgaged to such persons or corporations, nor shall this section apply to 
lands conveyed by an alien to a corporation controlled by said alien. 

1945 (44) 51. 

1945 p 51 changed period at end of section to comma and added all after said comma. 
Above section replaces § 7790, 1942 Code. 

§ 7796. Unincorporated associations — by what name may be sued 

Suit properly brought in name of unin- v. Order of Railway Conductors of Amer- 
corporated association. Southern Ry. Co. ica, 1945, 63 F. Supp. 306. 

§ 7797. On whom process may be served. 

Suit properly brought in name of unin- v. Order of Railway Conductors of Amer- 
corporated association. Southern Ry. Co. ica, 1945, 63 F. Supp. 306. 

§ 7799. May be formed by whom, and for what purpose. 

See this section in 1944 Supplement. 

§ 7801. Powers of general and limited partners. 
See this section in 1944 Supplement. 

§ 7802. Partners to sign certificate — contents. 

See this section in 1944 Supplement. 

§ 7803-1. Terminate or continue upon death of general or special partner. 

See this section in 1944 Supplement. 

§ 7813. Rights and liabilities of special partners. 

See this section in 1944 Supplement. 



§ 7829 1946 Supplement 294 

§ 7829. State board of bank control — appointment — terms — vacancies — com- 
pensation — definitions. 

See this section in 1944 Supplement. 

§ 7838-1. Financial institutions make loans and advances of credit as are 
eligible for insurance by federal housing administrator, make such loans, 
secured by real estate or leasehold, as such administrator insures or makes 
commitment to insure, and obtain such insurance. — Banks, savings banks, trust 
companies, insurance companies, and other financial institutions subject to the 
laws of this State, are authorized: (a) to make such loans and advances of credit 
as are eligible for insurance by the federal housing administrator and to obtain 
such insurance ; (b) to make such loans, secured by real property or lease-hold, 
as the federal housing administrator insures or makes a commitment to insure 
and to obtain such insurance; (c) to make such loans as are fully guaranteed 
by any Federal agency under the provisions of title III of the Servicemen's 
Readjustment Act of 1944 or any amendment thereto ; and to make such loans 
as are partially guaranteed under the provisions of title III of the Service- 
men's Readjustment Act of 1944 or any amendments thereto, but only as 
may be permitted by regulations of the state board of bank control. 

1945 (44) 4. 

1945 p 4 changed punctuation and added provisions in (c). Above section replaces 
§ 7838-1, 1942 Code. 

§ 7851. Payment of deposits made in name of two persons — release and 
discharge of certificates of stock issued to two persons. 

See this section in 1944 Supplement. 

§ 7862. Publishing statements by banks. 

See this section in 1944 Supplement. 

§ 7874. Reorganization of banks adjudged insolvent. 

Executors and trustees were authorized 1945, 207 S. C. 384, 36 S. E. 2d 37. 
to agree to an extension of time for the Plan of reorganization calling for a re- 
payment of funds held by them on deposit duction in the amount of liability of the 
but this would not authorize them to con- bank to its depositors not valid hereun- 
sent to a release of the bank from liabil- der. Epworth Orphanage et al. v. Long 
ity for any portion of such deposit. Ep- et al., 1945, 207 S. C. 384, 36 S. E. 2d 37. 
worth Orphanage et al. v. Long et al., 

§ 7875-10. Cash depositories upon consent of state board of bank control 
engage in general banking. — Any cash depository organized and operating 
under the provisions of article 1-A of chapter 156, may, upon compliance with 
the law applicable to the organization and operation of banks in this State 
and with the written approval of the board of bank control, under such con- 
ditions as said board may fix, amend its charter so as to change the name 
thereof in such manner as may be necessary to reflect the character of bus- 
iness thereafter to be conducted, and so as to do general banking pursuant 
to the laws and regulations governing the organization and operation of banks 
in this State. When any such depository shall have procured authorization 
for the amendment of its charter in the manner herein stated, and such 
amended charter has been issued by the secretary of state, it shall then be 
authorized to operate under article I of chapter 156 in the same manner as 
other banks now operate. 
1945 (44) 63. 



295 Code of Laws of South Carolina § 7987 

§ 7943. Deputy insurance commissioner — clerical aid — actuary — attorney. — 

The insurance commissioner, with the consent of the Governor, may employ 
and appoint a deputy insurance commissioner, who shall, during the insurance 
commissioner's absence or inability to act for any cause, have the power and 
authority to perform any and all the duties of the insurance commissioner 
when he shall have been requested to do so by the insurance commissioner, or 
by the Governor in the event of the inability of the insurance commissioner 
to make such request. The deputy insurance commissioner shall hold office 
for a term not longer than that of the insurance commissioner appointing 
him, and his appointment may be terminated by the insurance commissioner 
at any time, with or without cause. The deputy insurance commissioner, in 
tlie exercise of his powers and the performance of his duties hereunder, shall 
be subject to the same requirements, restrictions and qualifications as the 
insurance commissioner ; he shall furnish bond for the faithful performance 
of his duties in the same amount as required by law to be furnished by the 
insurance commissioner; provided, that the insurance commissioner shall ap- 
point one of the employees of the insurance department as deputy commis- 
sioner. The insurance commissioner may employ in his department such cler- 
ical aid as may be necessary not to exceed two thousand dollars per annum ; 
and from time to time he may employ an actuary, or a deputy, or an attorney 
to aid in the enforcement of the laws, as such services may be needed, payment 
for which shall be made out of the annual department licenses fees herein 
provided. 

1945 (44) 255. 

1945 p 255 added all preceding last sentence. Above section replaces § 7943, 1942 
Code. 

§ 7945-4. Not domesticate or license foreign insurance corporation with 
name identical with or confusingly similar to insurance corporation in this 
State. 

See this section in 1944 Supplement. 
§ 7948. Semi-annual license fees to be paid— returns of premiums collected. 

License tax hereunder valid as to for- E. 2d 586; Prudential Ins. Co. v. Benja- 

eign insurance company. Prudential Ins. min, Ins. Com. of S. C, 1946, 66 S. Ct. 

Co. of America v. Murphv, Insurance 1141. 
Commissioner, 1945, 207 S. C. 324, 35 S. 

§ 7949. Additional annual license fee. 

License tax hereunder valid as to for- E. 2d 586; Prudential Ins. Co. v. Benja- 

eign insurance company. Prudential Ins. min, Ins. Com. of S. C, 1946, 66 S. Ct. 

Co. of America v. Murphy, Insurance 1141. 
Commissioner, 1945, 207 S. C. 324, 35 S. 

§ 7964. Insurance commissioner to accept service of process. 

Foreign corporation having appointed of federal venue statute. WofFord v. Pru- 
agent upon whom process may be served dential Ins. Co., 1946, 65 Fed. Supple- 
in actions against it waived provisions ment 637. 

§ 7968. Penalty for violation of provisions. 

Penalties hereunder cannot be recovered Cooper Motor Lines, Inc., 1945, 206 S. C. 
by counterclaim. Globe Indemnity Co. v. 154, 33 S. E. 2d 405. 

§ 7987. Associations, companies, and corporations engaged in life insurance 
business sue vacate policy for falsity of representation in applications of paid 
policies within 2 years of date of policy. 



§ 7987 1946 Supplement 296 

Death of the insured during the period sentative of the estate, there was no one 

of contestability provided by the statute to sue in assertion of right to avoid pol- 

or policy provision does not ordinarily in- icy, which necessarily served to prolong 

terrupt the running of the time limita- the period for such action provided in 

tion provided by either, or both of such. this section. Weston v. Metropolitan Life 

However with the policy payable to the Ins. Co., 1945, 206 S. C. 128, 33 S. E. 2d 

estate of the insured and the long delay 386. 
in the appointment of a personal repre- 

§ 8003. Insurance commissioner may inquire as to fire insurance rates and 
require filing of schedules, etc. 

Insurance commissioner hereunder may leum Underwriters of Western Millers 
address inquiries to the company or to a Mut. Fire Ins. Co. of Kansas City, Mo., 
rating bureau, and have it to file* its rates. 1945. 207 S. C. 236, 36 S. E. 2d 380. 
Aiken Petroleum Co. v. National Petro- 

§ 8016. Commissioner may refer rate to commission to d,etermine whether 
discriminatory — procedure if discriminatory — refund of over-charge — pro- 
cedure where rates deemed excessive. 

Insurance commissioner may, after a ritory. Aiken Petroleum Co. v. National 

full hearing subject to appeal, hold that Petroleum Underwriters of Western Mill- 

a rate is discriminatory. Two or more ers Mut. Fire Ins. Co. of Kansas City, 

rating bureaus may be in the same ter- Mo., 1945, 207 S. C. 236, 36 S. E. 2d 380. 

§§ 8020-1 thru 8020-11. Uniform Unauthorized Insurance Act. 

See these sections in 1944 Supplement. 

§ 8020-5. Unauthorized foreign or alien insurer doing business in this State 
appoints insurance commissioner its agent upon whom process may be served 
— service of process on such insurers judgment. 
Doing business in the State. Storey v. United Ins. Co., 1946, 64 F. Supp. 896. 

§ 8020-7. Unauthorized insurer before pleading file bond or become author- 
ized to transact business — relief court may grant — motion to quash a writ or 
set aside service. 

Question of whether or not a contract power to review such finding unless 

of insurance was issued or delivered to a wholly unsupported by the evidence or 

resident of this State and whether or not manifestly influenced or controlled by er- 

the insurance company was doing busi- ror of law. Sanders v. Columbian Pro- 

ness within this State was a question of tective Ass'n of Binghampton, N. Y., 1946, 

fact to be determined by the court of com- S. C , 37 S. E. 2d 533. 

mon pleas, and Supreme Court has no 

§ 8038. Persons to whom pay death benefits. 

Dependent means a legal dependency. Irick et al., 1944, 58 Fed. Supp. 202; 150 
Woodmen of the World Life Ins. Soc. v. Fed. 2d 514. 

§ 8072.. Who are agents of fraternal, etc., associations. 

Statute of limitation on action on policy nior Order United American Mechanics, 
starts when period of policy paid for ex- 1945, 206 S. C. 282, 33 S. E. 2d 625. 
pires. Woodward v. National Council Ju- 

§ 8073. Ten persons or more form — purposes. — Any number of persons of 
lawful age, citizens of this State, not less than ten (10) in number, may asso- 
ciate themselves together as a mutual protective association for the indemni- 
fying of each other for loss on the assessment plan, and not for profit, for 
any one or more of the following purposes: (1) to insure the propertj^ of its 
members against loss or damage by fire, lightning or tempests on land or 
hazards incidental thereto or proceeding therefrom ; (2) to insure the crops 
of its members against damage by hail or tempests on land; (3) to insure 



297 Code of Laws of South Carolina § 8113-21 

the live stock of its members against loss or damage by accident or disease; 

provided, that any such association having its home office in Newberry County 

may insure the property of its members located in Newberry County against 

any kind of loss or damage not contrary to public policy. 

1945 (44) 177. 

1945 p 177 changed period at end of section to semicolon and added all after said 
semicolon. Above section replaces § 8073, 1942 Code. 

§ 8097. Maximum premiums. 

Contingent liability of policy holder. 145 Fed. 2d 646. 
Keehn v. Parrish Dray Line et al., 1944, 

§ 8113-7. Issue certificates to subscribers — terms — licensed insurance com- 
panies writing hospitalization insurance contract with hospitals. — Every such 
corporation shall issue to its subscribers certificates in which it shall set forth 
the contract between the corporation and the subscribers, and give the name 
or names and location of hospital or hospitals at which the subscribers shall 
be entitled to hospital service, the requirement as to admittance, the period 
of such service, and the rate per da}^ or week payable by said corporation 
to the contracting hospitals for hospital service rendered to said subscribers, 
and such certificates shall set forth rates and conditions for payment to hos- 
pitals other than the hospitals with which said corporation shall have contracted. 
Provided, however, that the benefits provided under said membership contracts 
may include in addition to hospital services for ward and private patients, 
surgical and/or medical benefits, provided, that the provisions of this act (166 
of 1945) shall apply only to existing organizations or corporations which are 
of record with the insurance commissioner as of April 1, 1945. 

Provided, further, that should any of the provisions of this act (166 of 1945) 
be declared invalid for any reason such provision shall not affect or invalidate 
any part of section 8113-7. Provided, further, that licensed insurance companies 
engaged in the writing of hospitalization insurance in South Carolina shall have 
the right to contract with duly accredited hospitals in South Carolina so as to 
furnish benefits to policyholders in the form of hospitalization services. 

1945 (44) 259. 

1945 p 259 eliminated first proviso in this section and added 3 provisos above. Above 
section replaces § 8113-7, 1942 Code. 

ARTICLE 5-A 

Non-Profit Corporations Without Capital Stock Furnishing Hospital Services 

§ 8113-21. Incorporate. — The secretary of state is hereby authorized and 
empowered to issue certificates of incorporation to any organization or asso- 
ciation having no capital stock but desiring to be incorporated for the pur- 
pose of establishing, maintaining and operating a non-profit hospital service 
plan whereby hospital care may be provided by said corporation through an 
established hospital or hospitals holding membership in the South Carolina 
Hospital Association or approved by said association. Provided, however, that 
no corporation shall be organized under the provisions of this article unless 
it can make proper showing to the insurance commissioner of the State of 
South Carolina that it is possessed of at least five thousand ($5,000.00) dollars 



§ 8113-21 1946 Supplement 298 

in assets. Provided, that the corporation may sue and be sued, plead and be 
pleaded in any court of competent jurisdiction in this State. 
1946 (44) 1304. 

§ 8113-22. File dieclaration in secretary of state's office. — Any group of ten 
or more persons in this State who are leading and capable citizens interested 
in social welfare and charitable services, and who have organized an associa- 
tion or company for the purpose aforesaid, may after giving at least three 
days public notice in a newspaper, file in the office of the secretary of state, 
a written declaration signed by two or more of the officers or agents elected 
or appointed to supervise or manage its affairs, setting forth : 
1st. The names and addresses of the petitioners. 
2nd. The name of the proposed corporation. 
3rd. The place at which it proposes to have its headquarters or principal 

place of business. 
4th. The purpose of the proposed corporation. 

5th. The names and residences of all officers, directors or other agents of 
the proposed corporation at the time the application is made, with 
such other information as it may desire to furnish, or as the secretary 
of state may require : 'provided, that such declaration shall be approved 
by the insurance commissioner of South Carolina by his endorsement 
thereto, before the charter or certificate of incorporation shall be 
issued by the secretary of state. 
1946 (44) 1304. 

§ 8113-23. By-laws — rules and regulations — operation — maintenance — of- 
ficers — admissions and dismissal of members. — Said corporation shall have 
the right on organization, subject to the approval of the insurance commis- 
sioner, to adopt by-laws, pass and promulgate rules and regulations for its 
operation, and do such other acts and things as may be necessary to maintain 
said organization as an efficient operating going concern, and said by-laws so 
passed shall include among others a clause designating the officers and the 
terms thereof, and provide for a managing board of directors which must 
at all times be composed of not less than nine, nor more than twenty -four 
in number, which must come from the following: 

(1) Administrators or trustees of hospitals which have contracted with 
such corporation to render hospital service to the subscribers. 

(2) Licensed physicians, exclusive of group I. 

(3) RepresentatiA^e members of the general public who are interested in 
charitable or benevolent agencies, and exclusive of groups 1 and 2. 

Further, the by-laws shall provide some practical method for the admission 
and dismissal of members of the organization. The officers and directors 
thereof shall be elected by such eligible members in good standing at such 
periods, and for such term of office as may be fixed in the by-laws, and 
such by-laws may be amended from time to time by the membership, where- 
upon copies of said amendments shall be filed with the records of such cor- 
poration in the insurance commissioner's office. 
1946 (44) 1304. 



299 Code of Laws of South Carolina § 8113-27 

§ 8113-24. Non-profit organization providing hospital service — charges — 
expenses. — Said corporation shall be governed and conducted as non-profitable 
organization, for the purpose of offering, and furnishing hospital service to 
its subscribers in consideration of the payment of such subscribers of a definite 
sum for the hospital care so contracted to be furnished. The necessary ex- 
pense of administering the affairs of said corporation may be paid from the 
dues or payments collected. 
1946 (44) 1304. 

§ 8113-25. Contract with hospitals for hospital service to its subscribers.— 

Any corporation organized under the provisions of this article may enter 
into contracts with an established hospital or hospitals holding membership 
in the South Carolina hospital association, or approved by said association, 
for the rendering of hospital service to any of its subscribers. All obliga- 
tions arising under contracts issued by such corporations to the subscriber 
shall be satisfied by payments made directly to the hospital or hospitals which 
rendered such hospital service, unless otherwise authorized by the insurance 
commissioner. 
1946 (44) 1304. 

§ 8113-26. Issue certificates — insurance companies contract with hospitals 
for hospital service. — Every such corporation shall issue to its subscribers 
certificates in which it shall set forth the contract between the corporation 
and the subscribers, and give the name or names and location of hospital 
or hospitals at which the subscribers shall be entitled to hospital service, 
the requirement as to admittance, and the period of such service : provided, 
further, that licensed insurance companies engaged in the writing of hospital- 
ization insurance in South Carolina shall have the right to contract with duly 
accredited hospitals in South Carolina so as to furnish benefits to policy- 
holders in the form of hospitalization service. 
1946 (44) 1304. 

§ 8113-27. Contracts — license — application — issuance.— A corporation organ- 
ized and operating under the provisions of this article may issue contracts 
only when the insurance commissioner has by formal certificate or license 
authorized it to do so. Application for such certificate of authority or license 
shall be made on forms to be supplied by the insurance commissioner requir- 
ing such information as he may deem necessary, which application for such 
certificate or license shall be accompanied by copies of the following docu- 
ments : 

(1) Certificate of incorporation or charter. 

(2) By-laws. 

(3) Proposed contracts between the corporation and the participating hos- 
pitals showing the terms under which hospital service is to be fur- 
nished to subscribers. 

(4) Contracts to be issued to subscribers, showing the table of rates to be 
charged, and the benefits to which they are entitled. 

(5) Financial statement of the corporation, including the amounts of con- 
tribution paid or agreed to be paid to the corporation for working 



§ 8113-27 1946 Supplement 300 

capital, and the name or names of each contributor and the terms of 
each contribution. 

The department of insurance shall issue a certificate of authority or license 
without charge, upon being satisfied about the following points : 

(a) That the applicant is established as a bona fide non-profit hospital 
service corporation. 

(b) That the contracts between the applicant and the participating hos- 
pitals obligate each hospital to render service, to Avhich each sub- 
scriber may be entitled under the terms and conditions of the con- 
tracts issued to the subscriber. 

(c) That the rates charged and the benefits to be provided are fair and 
reasonable. 

(d) That the amount of money actually available for working capital be 
sufficient to carry all acquisition costs and operating expenses for a 
reasonable period of time from the date of the issuance of the cer- 
tificate. 

1946 (44) 1304. 

§ 8113-28. Refuse issue license — rates and, contracts. — The insurance com- 
missioner may refuse to issue a certificate of authority or license if he finds 
that the rates of such corporation are excessive, inadequate or discriminatory 
or if he finds the form of the contract between the corporation and the sub- 
scribers is unfair or discriminatory. At all times such rates and form of 
the subscriber's contract shall be subject to modification and approval of 
the insurance commissioner. 
1946 (44) 1304. 

§ 8113-29. Report annually.— That every such corporation shall annually 
on or before the first day of March file in the office of the state insurance 
commissioner a statement verified by at least two of the principal officers 
of said corporation, showing its condition on the close of the 31st day of 
December, then next preceding, including salaries paid, business in force and 
working capital, and shall be in such form and shall contain such other 
matters as the insurance commissioner shall prescribe. 
1946 (44) 1304. 

§ 8113-30. Records — examination. — That every such corporation shall keep 
complete books and records, showing all funds collected and disbursed and all 
books and records shall be subject to examination by the insurance commis- 
sioner annually, the expense of such examination to be borne by said cor- 
poration. 

1946 (44) 1304. 

§ 8113-31. Acquisition — expenses — administration costs. — All acquisition ex- 
penses in connection with the solicitation of subscribers to such hospital ser- 
vice plan and administration costs including salaries, if any, paid to officers 
of the corporations shall at all times be subject to inspection and approval 
by the insurance commissioner. 
1946 (44) 1304. 



301 Code of Laws of South Carolina § 8113-39 

§ 8113-32. Investment of funds. — All funds of any corporation subject to 
the provisions of this article shall be invested only in securities, permitted by 
the law of this State for the investment of assets of life insurance companies. 
1946 (44) 1304. 

§ 8113-33. Charitable and benevolent institutions — exempt from taxes. — 

Every corporation organized and operating under this article is hereby de- 
clared to be a charitable and benevolent institution, and shall be exempt 
from all taxes on its funds, operations and properties. 
1946 (44) 1304. 

§ 8113-34. Dissolution or liquidation.— Any dissolution or liquidation of any 
such corporation organized under the provisions of this article, shall be under 
the supervision of the insurance commissioner, and the certificate holder of 
such corporation shall be given priority over all other claims, except cost of 
liquidation. 

1946 (44) 1304. 

§ 8113-35. Provisions not applicable — bond. — Such corporation organized 
and operating under the provisions of this article shall not be subject to the 
insurance laws of the State, or subject to supervision and control by the 
insurance or other department in any particular, except herein specifically 
provided. And such corporation shall not be required by any department of 
the State to post bond or to comply with the provisions of law relating to 
other types of corporations authorized under the general laws of this State. 
1946 (44) 1304. 

§ 8113-36. Not operate for profit — cooperative. — No hospital service corpora- 
tion within the meaning of this Act shall be converted into a corporation or- 
ganized for pecuniary profit. Every such corporation shall be maintained 
and operated for the benefit of its members and subscribers as a cooperative 
corporation. 
1946 (44) 1304. 

§ 8113-37. License paid solicitors and agents. — All paid solicitors and agents 
of any corporation organized hereunder shall be subject to licensing by the 
insurance commissioner, as now provided by law. 
1946 (44) 1304. 

§ 8113-38. Invalidity. — If any section of the provisions of this article be 
decided by the courts to be unconstitutional or invalid, the same shall not 
affect the article as a whole, nor any other part thereof. 
1946 (44) 1304. 

§ 8113-39. License — term — renewal. — Every corporation operating under the 
provisions of this article must first obtain from the insurance commissioner, 
a license to operate which license must be for one year only. The insurance 
commissioner may refuse to renew the said license if it shall appear that any 
such corporation is not operating in conformity with this article and with 
any other statutes applicable thereto, or if it shall appear to the insurance 
commissioner that said corporation is not financially sound. 
1946 (44) 1304. 



§ 8113-40 1946 Supplement 302 

§ 8113-40. Bond file. — Every such corporation shall file with the insurance 
commissioner a surety bond in the amount of $15,000.00 for the faithful ad- 
ministration of the funds of said corporation. 

§8113-41. Maximum compensation of employee — penalties. — No person 
working for any association incorporated under this article shall receive as 
compensation from such association more than $4,000 per annum. The viola- 
tion of this provision shall constitute a misdemeanor, punishable by a fine of 
not more than $2,000 or imprisonment for not more than 5 years, or both, 
in the discretion of the court. 
1946 (44) 1304. 

§ 8113-42. Effect of §§ 8113-1 thru 8113-17 and 7984.— This article shall not 
be construed to repeal or amend sections 8113-1 to 8113-17, inclusive; nor 
shall this article be construed as repealing section 7984, nor as amending 
said section in any particular, except to permit the furnishing of hospital 
care as herein provided. 
1946 (44) 1304. 

§ 8113-43. Reserves.- — Every such corporation after the first full year of do- 
ing business shall accumulate and maintain, in addition to proper reserves 
for current administration expenses, whatever reserves are determined ade- 
quate and proper by the insurance commissioner for unpaid hospital bills 
and unearned membership dues, and a special reserve of three (3) per cent 
of its gross annual collections from membership dues, until such special re- 
serve shall equal three (3) times its average monthly expenditures for hos- 
pital claims, administration and selling expenses. 
1946 (44) 1304. 

§ 8209. Definition of terms in §§ 8209 thru 8213. 

See this section in 1944 Supplement. 

§ 8210. Powers of commission. 

See this section in 1944 Supplement. 

§ 8211. Proceditire. 

By making a general appearance and 1946, S. C , 38 S. E. 2d 1. 

answering on the merits, members of pub- Action against the members of the pub- 
lic service commission waived not only all lie service commission should be com- 
defects and irregularities in the process, menced by service of summons. Beard- 
but, also, an entire want of process. Laney, Inc., et al. v. Darby et al., 1946, 
Beard-Laney, Inc., et al. v. Darby et al., S. C , 38 S. E. 2d 1. 

§ 8229. Commission has jurisdiction over telephone lines. 

See this section in 1944 Supplement. 

§ 8238. Commission investigate interstate transportation rates, rules, and 
practices — petition for relief when excessive or in violation of law — partici- 
pate in proceedings before interstate commerce commission.— South Carolina 
public service commission shall have the power to investigate all existing or 
proposed interstate rates, fares, tolls, charges and classifications, and all rules 
and practices in relation thereto, for or in relation to the transportation of 
persons or property, where any act in relation thereto shall take place within 
this State ; and when the same are, in the opinion of the commission, ex- 



303 Code of Laws of South Carolina § 8345 

cessive or discriminatory or in violation of the act of Congress entitled "An 
Act to Regulate Commerce", approved February 4th eighteen hundred and 
eightj^-seven, and the acts amendatory thereof and supplemental thereto, or 
of any other act of Congress, or in conflict ■with the rulings, orders or regu- 
lations of the interstate commerce commission, the commission may apply by 
petition, or otherwise, to the interstate commerce commission or to any court 
of competent jurisdiction for relief. The South Carolina public service com- 
mission shall also be authorized to appear and participate in railroad aban- 
donment, railroad extension, or any other proceedings before the interstate 
commerce commission, whenever, in the judgment of the commission, such 
proceedings affect the welfare of the State and its people. 
1945 (44) 279. 

1945 p 279 added last sentence and changed style and punctuation. Above section 
replaces § 8238, 1942 Code. 

§ 8247. Time railroad file annual report with public service commission. — 

All annual reports required to be filed with the public service commission by 
railroads doing business in this State, shall be filed with the public service 
commission within three months after the close of the year for which the 
report is made. The public service commission is authorized, upon sufficient 
cause being shown, to extend the time for the filing of said reports for a 
period not exceeding ninety (90) days. 

1946 (44) 2597. 

§ 8269. Annual schedule and report to be filed with public service commis- 
sioners. — The several railroad companies chartered by this State shall be re- 
quired to file in the office of the public service commissioners, on or before 
the thirtieth day of September in each and every year, a full and detailed 
schedule and report of the condition and operations of such road for the 
current year ending on the thirtieth da,y of June then immediately preceding. 
Such schedule and report shall be made in accordance with the following 
rules and form : 

1946 (44) 2597. 

Above provisions replace first paragraph of this section in 1942 Code. 1946 p 2597 
changed time limit file report to September 30th from August 31st. 

§ 8304. Commissioners to make freight and passenger tariffs — routes and 
regulations. 

See this section in 1944 Supplement. 

§ 8327. Shipper, subject to commission's consent, designate routes. 

See this section in 1944 Supplement. 

§ 8343. Operation of trains on Sunday restricted. — Repealed by 19Jf2 Acts 

and Joint Resolntiovs (1^2 Statvtes at Large) pages 1738 and 1739. 

§ 8344. Trains may run on Sunday. — Repealed by 191^2 Acts and Joint Reso- 
lutions (Ii.2 Statiites at Large) pages 1738 and 1739. 

§ 8345. Penalties violate §§ 8343 and SS4:4:.— Repealed by 194.2 Acts and Joint 
Resolutions (42 Statutes at Large) pages 1738 and 1739. 



§ 8355 



1946 Supplement 



304 



§ 8355. Signals to be given at crossings. 

See notes under § 8377. 

See generally Gleaton v. Southern Ry. 

Co. et al., 1946, S. C , 38 S. E. 

2d 710. 

Neglect to give the crossing signals re- 
quired by this section constitutes negli- 
gence per se. Truett v. Atlantic Coast 
Line R. Co., 194-5, 206 S. C. 144, 33 S. E. 
2d 396. 

However, to afford a basis for the 

§ 8377. Injuries at crossings — penalty- 
See notes under § 8355. 
The violation of a statute, although de- 
clared negligence per se, must be shown 
to have been the proximate cause of the 
injury. Seay v. Southern Railway-Caro- 
lina Division, 1944, 205 S. C. 162, 31 S. E. 
2d 133. 

In action against railroad company and 
engineer favorable verdict for engineer 
does not relieve railroad of liability. 
Gleaton v. Southern Ry. Co. et al., 1946, 

S. C , 38 S. E. 2d 710. 

Decedent's sole or contributory negli- 
gence, gross negligence or wilfulness. 

§ 8511. Indemnity insurance or bond required.. 

See this section in 1944 Supplement. 

Causes of action relating to property 
damage and personal injury may be 
joined in the same complaint against both 
principal and surety. Piedmont Fire Ins. 
Co., Inc. V. Burlington Truckers, Inc., et 
al., 1945, 205 S. C. 489, 32 S. E. 2d 755. 

Last paragraph of § 487 does not pro- 
hibit the joinder of causes of action for 
property damages against shipper and his 
insurance carrier. Piedmont Fire Ins. 



recovery of damages, it must appear 
that the failure to give the signals con- 
tributed as a proximate cause of the in- 
jury, but from such failure to give the 
signals a disputable presumption arises 
in the first instance that such failure was 
the proximate cause thereof. Id. 

Negligence of motorist. Toney v. 
Southern Railway Co., 1946, 156 F. 2d 
261. 

and damages. 

Gleaton v. Southern Ry. Co. et al., 1946, 
S. C , 38 S. E. 2d 710. 

See generally Nexmith v. Atlantic 
Coast Line R. Co. et al., 1946, 207 S. C. 
472, 36 S. E. 2d 581; Smith v. Southern 
Ry. Co., Carolina Div., 1945, 207 S. C. 
179, 35 S. E. 2d 225; Thompson v. South- 
ern Ry. Co., 1946, S. C , 37 S. E. 

2d 278; Seay et al. v. Southern Ry. Co. 

et ah, 1946, S. C , 37 S. E. 2d 

535. 

Negligence of motorist. Toney v. 
Southern Railway Co., 1946, 156 F. 2d 
261. 



Co., Inc. V. Burlington Truckers, Inc., et 
al., 1945, 205 S. C. 489, 32 S. E. 2d 755. 

Insurer held liable on cargo insurance 
policy in action by shipper against as- 
sured (carrier) and insurer for loss to 
shipment incurred in Virginia although 
carrier's license had expired. Mcintosh 
V. Whieldon et al., 1944, 205 S. C. 119, 30 
S. E. 2d 851. 



§ 8516. Commission supervise carriers — rates. 

See this section in 1944 Supplement. 

§ 8517. Distribute fees collected for operation of motor vehicles for hire by 
public service commission to incorporated municipal corporations. 

See this section in 1944 Supplement. 

§ 8522. Exemptions. 

See this section in 1944 Supplement. 

§ 8542. Express and telegraph companies placed under powers of public 
service commission-^powers. 

See this section in 1944 Supplement. 

§ 8555-11. Created— offices. 

See this section in 1944 Supplement. 

§ 8557. License required for matrimony. — It shall be unlawful for any per- 
sons to contract matrimony within this State without first procuring a license 
as is hereinafter provided; and it shall likewise be unlawful for anyone 
whomsoever to perform the marriage ceremony for any such persons without 
said persons first delivering to the party performing said marriage ceremony 



305 Code of Laws of South Carolina § 8558 

a license as is hereinafter provided duly authorizing said person to contract 
matrimony. No license shall he issued unless a ivritten applicatio^i therefor 
shall have been filed with the probate judge who issues such license at least 
twenty-four (24-J hours prior to the issuance of same. Such application must 
be signed by both of the contracting parties and shall contain the same infor- 
mation as required for the issuing of the license. The license issued shall, in 
addition to other things required, show the hour and date of the filing of the 
application therefor, and the hour and date of the issuance of the license. Such 
application shall be kept by the probate judge as a pernianent record in his 
office. Any probate judge issuing any license countrary to the provisions hereof 
and any officer or person performing the marriage ceremony without the pro- 
duction of such license shall, on conviction thereof, be punished by a fine of not 
more than one hundred ($100.00) dollars nor less than twentj^-five ($25.00) 
dollars or imprisonment not more than thirty days nor less than ten. 

1945 (44) 62. 

1945 p 62 eliminated "Any" on line 7 and added above portion in italics, and changed 
punctuation. Above section replaces § 8557, 1942 Code. 

§ 8558. Probate judge issue license — fee — qualifications — issuance by clerk 
of court. — For the purpose of carrying out the foregoing provision the judge 
of probate shall issue a license for the marriage of any persons upon the pay- 
ment of a fee of one ($1.00) dollar, therefor, and a statement, under oath or 
affirmation, to the effect that the persons seeking the contract of matrimony are 
legally capacitated to marry, together with the full names of the persons, their 
ages and places of residence. Of the fee of one ($1.00) dollar the probate 
judge shall retain twenty-five (25(>) cents as his compensation; and the remain- 
ing seventy-five (75^) cents shall be paid into the county treasury and go to 
the school fund of said county; provided, that the entire fee of one ($1.00) dol- 
lar shall, in Clarendon County, be collected in advance and paid monthly by the 
officer collecting same to the county treasurer for credit to the ordinary funds 
of said county, and in such manner as may now, or hereafter, be required by 
law. Provided, that in the County of Sumter the entire fee of one ($1.00) 
dollar shall be paid to the county treasurer ; provided, further, that in the 
county of Oconee the probate judge shall retain the sum of fifty (50^) cents 
as his compensation, and the remaining 500 shall be paid into the county treas- 
ury, and credited to the general fund of Oconee County : provided, that in the 
counties of Abbeville, Greenville, Jasper, Edgefield, Lancaster, Lee, Orangeburg, 
Williamsburg, McCormick, Bamberg and York the probate judge shall retain 
the sum of fifty (50^) cents as his compensation; provided, further, in the 
counties of Aiken, Allendale, Barnwell, Calhoun, Chester, Chesterfield, Dor- 
chester, Fairfield, Florence, Cherokee, Greenwood, Hampton, Laurens, Marion, 
Marlboro, and Dillon, the probate judge and in Darlington County the clerk 
of court shall retain the entire fee as his compensation : and provided, further, 
that in the counties of Darlington, Georgetown and Sumter the said licenses 
shall be issued by the clerk of the court : and provided, further, that no such 
license shall be issued when the woman or child-woman is under the age of 
fourteen, or when the man or male is under the age of eighteen : and provided, 
further, that when either party to the proposed marriage shall be under eight- 



§ 8558 1946 Supplement 306 

een years of age, and shall reside with father or mother or other relative or 
guardian, the probate judge shall not issue a license for the said marriage until 
the consent of such relative or guardian, in writing, shall first be delivered 
to him. 

1946 (44) 1444. 

1946 p 1444 included Darlington County clerk of court in the provisions of the 
4th proviso and changed punctuation and style. Above section replaces § 8558, 1942 
Code. 

§ 8561. Probate judge to keep record. — * * * Provided, that where any mar- 
riage license issued in Aiken has for any cause not been returned and re- 
corded after the marriage as required by law, the probate judge shall, on 
application of any party in interest, order a hearing on a fixed day, and on 
satisfactory proof that the marriage was actually and legally performed, the 
probate judge shall complete the record of the marriage in his office as 
though the license had been returned in the first instance. The probate judge 
shall be allowed a fee of five dollars in such case to be paid by the applicant 
for the hearing. 
1945 (44) 25. 

§ 8567. Validity of marriage — how determined and declared. 

Proviso as to cohabitation between the legally incompetent to contract. Hughey v. 
parties inapplicable to an action to invali- Ray, 1945, 207 S. C. 374, 36 S. E. 2d 33. 
date a marriage which the parties were 

§ 8568. Bigamous marriages void — married person not heard from for 7 
years may be presumed d,ead insofar as children or kindred resulting from 
marriage by the abandoned spouse during such absence although absent 
spouse reappears — reappearance not affect subsequent marriage. — (a) All 
marriages contracted while either of the parties has a former wife or hus- 
band living shall be void; provided, that this section shall not extend to a per- 
son whose husband or wife shall be absent for the space of seven years, the one 
not knowing the other to be living during that time ; nor to any person who 
shall be divorced, or whose first marriage shall be declared void by the sentence 
of a competent court. 

(b) Where a person has been married in South Carolina, or was living 
with his or her spouse in South Carolina after marriage, and the one left the 
other and was absent from the other for seven (7) years, without the latter 
knowing or hearing anything about such absent spouse ; the abandoned 
spouse may in any action in the court of common pleas or other court of 
competent jurisdiction serve the absent spouse by publication in the same 
manner as provided in section 436, and bring the issue on before the court 
of common pleas or other court of competent jurisdiction, and when it shall be 
satisfactorily established to the presiding judge thereof, or a jury on an issue 
sent to the jury by the judge, that such absent spouse has not been heard 
from for seven (7) years, the complaining spouse shall have an adjudication 
of the issue and such absent spouse shall be conclusively presumed dead inso- 
far as any children or kindred resulting from any marriage of the abandoned 
spouse during such absence, ntay be concerned, notwithstanding the fact that 
such absent spouse may later appear alive. The re-appearance or return of 



307 Code of Laws of South Carolina § 8571-1 

the absent spouse shall not alter such adjudication, invalidate or upset any 
subsequent marriage entered into by the abandoned spouse. 

1946 (44) 1406. 

1946 p 1486 changed punctuation and style and added paragraph (b). Above 
section replaces § 8568, 1942 Code. 

Fact that wife never heard from hus- 202, 150 Fed. 2d 514. 
band and believed that he had gone away Proviso to the effect that it shall not 
not sufficient showing of absence of hus- apply to one who has been divorced re- 
band. Woodmen of the World Life Ins. lates to a valid divorce. Hughey v. Ray, 
Soc. V. Irick et al., 1944, 58 Fed. Supp. 1945, 207 S. C. 374, 36 S. E. 2d 33. 

§ 8568-1. Service of nonresident or party out of State in action to annul 
marriage under § 8567 or § 8568. — In cases where any marriage has heretofore 
been, or may hereafter be, contracted or solemnized in the State of South 
Carolina, and any action is brought under Section 8567 or section 8568 seek- 
ing to annul such marriage, it shall be lawful for the plaintiff to serve his 
complaint on the probate judge or other officer before whom the application 
for marriage license was made where the defendant is a nonresident of the 
State, or has left the State and it is made to appear by the affidavit of one 
of the parties to the action that such defendant is a nonresident or cannot be 
found in this State, and the probate judge or such other officer shall forward 
to the last address of the nonresident or absent defendant, as appears by the 
application filed before him, or by the affidavit of one of the parties, and 
such service shall be legal and complete from the time the same is served 
upon the probate judge, or other officer mentioned ; provided, further, if no 
last known address is known, either from an examination of the application 
of the marriage license or from any other source, the defendant shall be 
served in the same manner by publication, as is set out in section 436. And 
when such service is sought upon the probate judge or other officer before 
whom the application for a marriage license was made, a fee of one ($1.00) 
dollar shall be paid to the probate judge for service, and the probate judge 
shall provide a book in which to keep a record of such service, the acceptance 
of which will be made upon the back of the original summons, which original 
summons shall be filed in the office of the clerk of court of the county in 
which the action is pending, the probate judge keeping one of the copies of 
the summons and complaint in his office, and forwarding the other to the non- 
resident or absent party. Provided, that no action shall be brought under the 
provisions of this section against a man or woman in the military or naval 
service who is beyond the seas, nor until after such man or woman in the 
military or naval service has returned from beyond the seas for a period of 
three months, unless such defendant consents to such proceeding. 
1946 (44) 1564. 

§ 8571-1. Establishment of marriag-es. 

(1) Marriages applicable. — An official record of any marriage contracted 

prior to June 30, 1911, or of any marriage contracted subsequent to said date 

when a certificate of the performance thereof has not been filed, may be made 

and established in the manner prescribed and provided for by sub-section (2) 

of this section. 

1945 (44) 164. 

Above sub-section 1 replaces said sub-section in 1942 Code. 



§ 8578 1946 Supplement 308 

§ 8578. Renunciation of dower — acknowledgment and certificate. 

The court can transfer claim of in- aside to replace it. Holly Hill Lumber 
choate dower from premises sold by hus- Co., Inc. v. McCoy et al., 1944, 205 S. C. 
band without wife's consent to fund set 60, 30 S. E. 2d 856. 

§ 8603. Widows may apply to probate court for writ of admeasurement. 

An action for the admeasurement of v. Lane et al., 1945, 206 S C. 491, 34 
dower in lands is a cause in equity. Lane S. E. 2d 754. 

§ 8608. Commissioners to regardi real value of land — money in lieu of dower. 

Where the vested right of dower in a ceive her dower in the land itself. Lane 

wife is established to lands conveyed by v. Lane et al., 1945, 206 S. C. 491, 34 

the husband during coverture, it does not S. E. 2d 754. 
necessarily follow that the wife shall re- 

§ 8624. Application for appointment. 

Judge of probate has nothing to do with v. United States Fidelity & Guaranty Co., 
an application for appointment as public 1945, 207 S. C. 15, 35 S. E. 2d 47. 
guardian. First Nat. Bank of Greenville 

§ 8638. Mother and father to have equal rights in custody, etc., of minor 
children. 

The primary consideration for the guid- Mother necessary party in action by 

ance of the court is what is best for the father for wages earned by their chil- 

child itself. West et al. v. West (two dren. Constance v. Goswell, 1945, 62 F. 

cases), 1946, S. C , 36 S. E. 2d Supp. 253. 

856. 

§ 8696. Conveyance to defraud creditors void. 

Assignment of disability benefits under Matthews v. Matthews et al., 1945, 207 
insurance policy by husband to wife void. S. C. 170, 35 S. E. 2d 157. 

§ 8773. Rank of liens for rent, for labor and for supplies. 

See this section in 1944 Supplement. 

§ 8774. Index landlord's lien for advances — notice — fees. 

See this section in 1944 Supplement. 

§ 8775. Clerk may seize crop to prevent defeat of lien — sale — contest pro- 
ceeds. 

See this section in 1944 Supplement. 

§ 8776. Proceedings in magistrate's court for foreclosure of liens, etc. 

See this section in 1944 Supplement. 

§ 8792. Lien on motor vehicle for damages — priority — parties sue. 

See this section in 1944 Supplement. 

The "ground" necessary to be stated in v. Poston, 1946, S. C , 38 S. E. 

the form of affidavit prescribed by § 551 2d 145. 

need only be a statement of facts within In joint action for $25,000.00 damages 

the purview of the cited statute. John- against nonresident and motor vehicle, 

son V. Hall et al., 1946, S. C , both served in the State, nonresident's 

38 S. E. 2d 708. removal petition to Federal court not 

Jurisdiction of the damage feasant mo- granted where not joined by said motor 

tor vehicle is acquired by its seizure un- vehicle. Weatherford v. Radcliffe et al., 

der the attachment proceedings. Raines 1945, 63 F. Supp. 107. 

§ 8805. Domestic servant. — A person using or occupying real estate while 

serving another as a domestic servant shall be deemed a domestic servant. 

1946 (44) 2584. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 2584 thru 2594 
repealed § 8805, 1942 Code. §§ 8805 thru 8806-49 come from said repealing provisions. 



309 Code of Laws of South Carolina § 880'6-10 

§ 8806. Farm laborer. — A person using or occupying real estate while work- 
ing as a share-cropper or farm laborer shall be deemed a farm laborer. 

1946 (44) 2584. 

1946 Acts and Joint Resolutions (44 Statutes at Large) pages 2584 thru 2594 
repealed § 8806, 1942 Code. 

§ 8806-1. Tenant at will.— Every person other than the owner of real estate, 
excepting a domestic servant and farm laborer, using or occupying real estate 
without an agreement, either oral or in writing, shall be deemed a tenant 
at will. 

1946 (44) 2584. 

§ 8806-2. Tenant for term. — A person other than the owner using or occu- 
pying real estate under a written or oral agreement shall be deemed a tenant 
for term. 

1946 (44) 2584. 

§ 8806-3. Tenant for years. — A person other than the owner using or ocfeu- 
pying real estate under a written agreement for a term of one year or more 
shall be deemed a tenant for years. 
1946 (44) 2584. 

§ 8806-4. Agricultural renter.— A person renting lands for agricultural pur- 
poses shall be deemed an agricultural renter. 
1946 (44) 2584. 

§ 88065. — Tenancy create by parol. — A tenancy for not to exceed one year 
may be created by oral agreement. 
1946 (44) 2584. 

§ 8806-6. Agreement use or occupy real estate over 1 year void if not in 
writing. — Any agreement for the use or occupation of real estate for more 
than one year shall be void unless in Avriting. 
1946 (44) 2584. 

§ 8806-7. When tenancies of real estate month to month. — All tenancies of 
real estate other than agricultural lands shall be deemed from month to month 
unless there be an agreement otherwise : provided, that this section shall not 
apply to domestic servants, farm laborers, or tenants at will. 
1946 (44) 2584. 

§ 8806-8. Expiration of tenancies of farm laborers, share-croppers and rent- 
ers of farm lands. — All tenancies of farm laborers, share-croppers and renters 
of farm lands shall end on the last day of December in each year unless there 
be an express agreement to the contrary, or unless continued by operation of 
law as herein provided. 
1946 (44) 2584. 

§ 8806-9. Tenants at will and domestic servants vacate premises on 20 days' 
notice. — All tenants at will and domestic servants shall vacate the premises 
occupied upon twenty days' written notice. 
1946 (44) 2584. 

§ 8806-10. Expiration of agreed tenancy for term or years. — When there is 
an express agreement, either oral or written, as to the term of the tenancy 



§ 8806-10 1946 Supplement 310 

of a tenant for term or for years, such tenancy shall end without notice upon • 
the last day of the agreed term, 
1946 (44) 2584. 

§ 8806-11. Termination of month to month tenancy — no year to year ten- 
ancy. — A tenancy from month to month may be ended by either party giving 
to the other written notice of thirty (30) days to the effect that such tenancy 
shall be then terminated. Provided, that no tenancy shall ripen into a tenancy 
from year to year. 
1946 (44) 2584. 

§ 8806-12. Failure pay rent on demand. — Failure to pay the rent agreed 
upon when due, or a reasonable rent for use and occupation when demanded 
shall terminate all tenancies for term, for years, from month to month, and at 
will; and the tenant shall forthwith vacate the premises without notice. 
1946 (44) 2584. 

§ 8806-13. Use of premises without agreement, without permission of owner 
or by trespass. — "When a person enters upon or uses the premises of another 
without agreement or without the permission of the owner or by trespass 
the owner may at his option waive such tort and treat and deem such person 
a tenant at will ; whereupon the landlord shall have and be entitled to a rea- 
sonable rental for the use and occupation of such premises and all remedies 
for the enforcement of his rights in respect thereto as in other cases of tenancy 
at will. 

1946 (44) 2584. 

§ 8806-14. Default in payment of rent. — Default in payment of rent shall 
terminate any lease unless otherwise agreed upon. 
1946 (44) 2584. 

§ 8806-15. Person in possession of real estate. — In all cases of tenancy the 
owner or landlord or person entitled to possession shall be deemed to be in 
possession of the real estate used or occupied by the tenant and the tenant 
shall be deemed to be holding thereunder. 
1946 (44) 2584. 

§ 8806-16. Time pay rents. — Unless otherwise agreed upon rents shall be pay- 
able monthly and at the end of each calendar month excepting farm lands. 
1946 (44) 2584. 

§ 8806-17. When eject tenant. — The tenant may be ejected upon application 
of the landlord or his agent when such tenant fails or refuses to pay the 
rent when due or when demanded, or when the term of tenancy or occupancy 
has ended, or when the terms or conditions of the lease have been violated. 
1946 (44) 2584. 

§ 8806-18. Institute ejectment proceeding by rule— service. — Any tenant may 
be ejected in the following manner, to-wit : Upon application by the landlord 
or his agent or attorney any magistrate in the county where the real estate 
is situated shall issue a written rule requiring the tenant to vacate the prem- 
ises occupied by him or to show cause before the magistrate within ten days 
after service of a copy of such rule upon the tenant in the same manner as is 



311 Code of Laws of South Carolina § 8806-27 

provided by law for the service of the summons in actions pending in the 
court of common pleas of this State, or where no person can be found in 
possession of the premises, the notice provided for herein may be served by 
leaving a copy thereof aifixed to the most conspicuous part of the premises, 
if the premises shall have remained unoccupied for a space of fifteen days 
or more immediately prior to the date of said service. 
1946 (44) 2584. 

§ 8806-19. Eject tenant on failure appear and show cause. — If the tenant 
fails to aj)pear and show cause at the time fixed for return then the magis- 
trate shall issue a warrant of ejectment and the tenant shall be ejected by 
his regular or special constable or by the sheriff of the county. 
1946 (44) 2584. 

§ 8806-20. Change of venue. — The magistrate may grant a change of venue 
in an ejectment in case as in any other civil case on proper showing. 
1946 (44) 2584. 

§ 8806-21. Determine or try issue. — If the tenant appear and contest eject- 
ment, the magistrate shall forthwith hear and determine the case as any 
other civil case, allowing trial by jury if demanded by either party. 
1946 (44) 2584. 

§ 8806-22. Jury trial. — Either landlord or tenant may demand trial by jury; 
whereupon a jury shall be summoned and a jury trial had as in any other 
civil case. Upon the testimony offered, under instructions by the magistrate 
as to the law, the jury shall find for either the landlord or tenant as in any 
other civil case. 
1946 (44) 2584. 

§ 8806-23. Landlordi, plaintiff, and tenant, defendant, in jury trial. — In any 
trial before the magistrate in an ejectment case either with or without jury 
the landlord may be designated as plaintiff and the tenant as defendant. 
1946 (44) 2584. 

§ 8806-24. New trial. — When a jury is had in an ejectment case the magis- 
trate may grant a new trial as in any other civil case. 
1946 (44) 2584. 

§ 8806-25. Verdict for plaintiff.— If the verdict be for the plaintiff the mag- 
istrate shall within five days issue a writ of ejectment and the tenant shall 
be ejected by the constable or special constable or the sheriff of the county. 

1946 (44) 2584. 
§ 8806-26. Verdict for defendant.— If the verdict be for the defendant then 
the tenant shall remain in possession until the termination of his tenancy by 
agreement or operation of law or until failure or neglect to pay rent, or until 
ejected in another proceeding under §§ 8805 thru 8806-49 or by the judgment 
of a court of competent jurisdiction. 

1946 (44) 2584. 

§ 8806-27. Appeal. — Either party may appeal in an ejectment case and said 
appeal shall be heard and determined as other appeals in civil cases from the 
magistrate's court. 
1946 (44) 2584. 



§ 8806-28 1946 Supplement 312 

§ 8806-28. Stay ejectment on appeal — bond. — An appeal in an ejectment 
ease will not stay ejectment unless at the time of appealing the tenant shall 
give an appeal bond as in other civil cases for an amount to be fixed b}- the 
trial magistrate, and conditioned for the payment of all costs and damages 
which the landlord may sustain thereby. In the event the tenant shall fail 
to file the bond herein required within five (5) daj's after service of the 
notice of appeal such appeal shall be dismissed. 

1946 (44) 2584. 
§8806-29. Tenant wrongfully dispossessed. — In case any tenant is wrong- 
fully dispossessed, he, she or they may iiave an action for damages against 
the landlord. 

1946 (44) 2584. 

§ 8806-30. Enforce collection of rent by distress. — A landlord may enforce 
collection of rent due by distress in the f olloAving manner, to wit : Any mag- 
istrate in the county where the premises occupied are situated may issue, upon 
receipt of an affidavit of the landlord or his agent, setting forth the amount 
of rent due, his distress warrant in which shall be named the amount of rent 
due, with costs and such warrant shall be delivered to any regular constable, 
or such special constable as the magistrate may appoint, or to the sheriff 
of the county for enforcement. 

1946 (44) 2584. 
§ 8806-31. Amount property distrain. — Any such distress must be reasonable 
in respect to amount of property distrained. 

1946 (44) 2584. 

§ 8806-32. Property exempt from distress. — The following property shall be 
exempt from distress for rent, to wit : ]iersonal clothing and food within the 
dwelling, bedsteads and bedding, and cooking utensils. 
1946 (44) 2584. 

§ 8806-33. Distrain tenant's property if rent and cost not paid. — Such off'icer 
shall forthwith demand of the tenant payment of the rent with costs as named 
in the distress warrant: If paid, such officer shall return such warrant with 
the amount collected to the magistrate who shall settle with the landlord; 
but, if the tenant fail or refuse to pay such rent, with costs, such officer shall 
distrain sufficient of the property upon the rented premises to pay same, 
giving the tenant a list in writing of the property distrained, together with 
a copy of the distress warrant. Provided, that, if any property so distrained 
be not the property of the tenant, it shall be the duty of the tenant to imme- 
diately name the owner thereof and inform the officer of such ownership and 
said officer shall distrain sufficient other property of tenant to pa.y said rent 
and costs. Provided, further, that property of the tenant shall be first applied 
to payment of rent and costs, but all property upon the rented premises shall 
be subject to distress as herein provided, except property mentioned in 
§ 8806-34, "as exempt from distress for rent". 
1946 (44) 2584. 

§ 8806-34. Tenant free property from lien distraint by giving bond. — Within 
five days after such distraint the tenant may free the property from the lien 



313 Code of Laws of South Carolina § 8806-42 

distraint giving a bond, payable to the landlord in double the amount claimed, 
with sufficient surety or sureties approved by the court, and the issues thus 
joined shall be tried by the court. The landlord shall have the right to except 
to the surety or sureties, and the surety or sureties shall justify before the 
magistrate as provided for justification for sureties in claim and delivery 
actions. 

1946 (44) 2584. 

§ 8806-35. Sell property distrained after notice if tenant fails give bond. — 
If the tenant fails to give bond as above prescribed then the officer may sell 
such property at public auction to the highest bidder for cash at a designated 
place of sale after posting a notice of such sale for five days upon the prem- 
ises and two other public places in the county, which notice shall state the 
time and place of such sale. 
1946 (44) 2584. 

§ 8806-36. Disposition of proceeds from sale. — If the property distrained 
brings more than the rent with costs at such sale the surplus shall be paid to 
the tenant; and the rent shall be paid to the landlord. 
1946 (44) 2584. 

§ 8806-37. Purchasers at sale. — The landlord or any other person may be- 
come a i^urchaser at a sale of chattels under a distress warrant. 
1946 (44) 2584. 

§ 8806-38. Property removed from premises subject to distress and sale.— 
Any property belonging to the tenant removed from the premises shall, if 
found, be subject to distraint and sale. Provided, such distraint be made 
within ten days after such removal. 
1946 (44) 2584. 

§ 8806-39. Remedy of distress cumulative. — The remedy of distress shall be 
deemed cumulative with respect to any other remedy for the collection of rent. 
1946 (44) 2584. 

§ 8806-40. Collection of agricultural rents — liens for agricultural rents and 

advances.— The remedy of distress given in §§8805 thru 8806-49 shall not 
affect the right of landlord to collect farm or agricultural rents by seizure 
or attachment of crops growing or gathered as now provided by law, nor shall 
§§ 8805 thru 8806-49 affect liens for agricultural rents and for advances to 
agricultural tenants as now provided by law. 
1946 (44) 2584. 

§ 8806-41. Taxes lien on property sold under distress. — The purchaser at 
sale of chattels seized under a distress warrant shall take subject to any lien 
for taxes upon the property. 
1946 (44) 2584. 

§ 8806-42. Landlord.— The term "landlord" as used in §§ 8805 thru 8806-49 
shall be construed to include the owner or person in possession or entitled 
tc possession of the real estate used or occupied by the tenant as well as the 
employer of farm laborers and domestic servants. 
1946 (44) 2584. 



§ 8806-43 1946 Supplement 314 

§ 8806-43. Tenant.— The term "tenant" as used in §§ 8805 thru 8806-49 
shall be construed to mean a tenant at will, tenant for term, tenant for years, 
domestic servant, farm laborer, share-cropper and agricultural renter. 
1946 (44) 2584. 

§ 8806-44. Applicable to partnerships and corporations — sub-leases. — The 
provisions of §§ 8805 thru 8806-49 shall apply to partnership and corporations 
as well as persons both in respect to the term "landlord" as well as "tenant"; 
and a sub-lease by a tenant without written consent of the landlord is nullity 
in so far as the rights of the landlord are concerned, except that rent collected 
by a tenant from a sub -tenant shall be deemed to be held in trust by said 
tenant for the benefit of the landlord until the payment of said landlord's 
claim for rent, but when the premises have been sublet the sublessor, as be- 
tween himself and the sub-tenant or sublessee, shall be deemed the landlord 
and the sub-lessee the tenant under him, and the provisions of §§ 8805 thru 
8806-49 shall apply to sublessors and sublessees, as between themselves, as in 
other cases of landlord and tenant. 
1946 (44) 2584. 

§ 8806-45. Sale of real estate under lease. — In all cases where real estate 
is sold while under lease, the relationship of landlord and tenant is created 
ipso facto as between the purchaser and the tenant as if the purchaser had 
been the landlord in the first instance; and the purchaser shall be entitled 
to all the benefits and rights under said lien as if he had been the lessor from 
the date of purchase. 
1946 (44) 2584. 

§ 8806-46. Exemptions.— The provisions of §§ 8805 thru 8806-49 shall not 
apply to lessees of timber or the user or the beneficiary of any easement, or to 
the use or occupancy of any land by any person, firm or corporation engaged 
in rendering public utility service for the construction and maintenance of 
electric power, telephone, telegraph, water or gas lines. 
1946 (44) 2584. 

§ 8806-47. Abandonment of premises. — When a tenant abandons premises 
theretofore occupied by him the landlord may enter and take possession 
thereof, making distraint, as herein provided of any property found thereon, 
including the property exempt from distress by the provisions of section 
8806-34; and the term of a tenant abandoning premises used and occupied 
by him as such shall be deemed ended by such abandonment, absence from 
the property for fifteen days after default in the payment of rent shall be 
construed as abandonment. 
1946 (44) 2584. 

§ 8806-48. Notice to third persons. — In order to give notice to third persons 
any lease or agreement for the use or occupancy of real estate shall be re- 
corded in the same manner as a deed of real estate. 
1946 (44) 2584. 

§ 8806-49. Property distrained subject to chattel mortgage lien or purchase 
money lien. — In all cases where the property distrained for arrears 



315 Code of Laws op South Carolina § 8826 

of rent is subject to the lien of a chattel mortgage placed upon said property 
and recorded before the rent contract was entered upon, or before said prop- 
erty was brought upon the rented premises, the landlord shall have the right 
to pay the amount due upon such mortgage debt, and subject the said prop- 
erty to the payment of same as well as to the payment of the amount due for 
rent, and it shall be the duty of tenant to inform the officer making distress 
of any such liens, and in case the landlord declines or fails to pay such mort- 
gage debt, the officer shall return such property on which such chattel mort- 
gage may be a lien to the tenant, provided, that if the landlord have actual 
notice of an unpaid purchase money lien, same shall have priority in the same 
manner to his claim for rent. 
1946 (44) 2584. 

§ 8811. How tenants in writing or by parol holding over may be removedi. — 

Repealed hy 1946 Acts and Joint Resolutions (44- Statutes at Large) pages 2584 
thru 2591. 

§ 8812. Ejectment of tenants at will, domestic servants, etc. — Repealed hij 
1.946 Acts and Joint Resolutions (44 Statutes at Large) pages 2584 thru 2591. 

§ 8813. Tenants holding over or failing pay rent — service of notices on ten- 
ants. — Repealed hy 1946 Acts and Joint Resolutions (44 Statutes at Large) 
pages 2584 i^ru 2591. 

§ 8818. Distress for rent or removed chattels. — Repealed ly 1946 Acts and 
Joint Resolutions (44 Statutes at Large) pages 2584 thru 2691. 

§ 8819. Goods sold bona fide, etc., exempted from seizure — assignments and 
mortgages not exempted. — Repealed hy 1946 Acts and Joint Resolutions (44 
Statutes at Large) pages 2684 thru 2591. 

§ 8820. Distress for rent subject to prior liens on property. — Repealed hy 
1946 Acts and Joint Resolutions (".j^ Statutes at Large) pages 2584 thru 2691. 

§ 8822. Time of issuance of distress warrant on removal from rented prem- 
ises. — Repealed hy 1946 Acts and Joint Resolutions (44 Statutes at Large) 
pages 2584 thru 2691. 

§ 8825. Sale of goods not replevied. — Repealed hy 1946 Acts and Joint Reso- 
lutions f.^^ Statutes at Large) pages 2684 thru 2691. 

§ 8825-1. Parol contracts for use of real estate for agricultural purposes 
terminate on December 1st of year of tenancy, Darlington, Dillon, Edgefield, 
Florence, Georgetown, Horry, Marion, and Williamsburg Counties. — Repealed 
hy 1946 Acts and Joint Resolutions (44 Statutes at Large) pages 2684 thru 2691. 

§ 8826. Partition compellable between joint tenants and tenants in common. 

Purchasers in good faith, for value, S. C , 37 S. E. 2d 507. 

from beneficiaries under a will which has Bona fide purchaser for value at a judi- 

been duly probated and the estate dis- cial sale for partition of real estate de- 

tributed under proceedings which are not vised by will. Weinberg v. Weinberg, 

entirely void. Weinberg v. Weinberg, S. C , 37 S. E. 2d 507. 



§ 8876 1946 Supplement 316 

§ 8876. Notice from record of chattel mortgage expire 3 years from date of 
filing — mortgages if leasehold or other interest in real estate and mortgages 
of dwellings or structures thereon deemed mortgages of real estate — record- 
ing — notice. 

See this section in 1944 Supplement. 

§ 8893. Discharges from military and naval forces of United States. — * * * 
(2) Record free — post commanders of American Legion may assist. — Upon 
the presentation of any official discharge or official certificate of lost dis- 
charge, from the armed services of the United States, it shall be the duty 
of the clerk of court of the several counties of the State to record free such 
discharge in the book provided for in subsection (1) : provided, that the clerk 
of court for Marlboro County in all instances where the discharge is photo- 
graphed or photostated may charge the actual expense therefor : provided, the 
said clerk of court shall call to his assistance the head officer of the posts of 
American Legion to furnish a perfect list of the persons entitled to registra- 
tion. 

1945 (44) 8; 1946 (44) 1417. 

Above subsection 2 replaces said subsection in 1942 Code. 

§ 8893-A. File and record free discharges from U. S. Army, Navy, Marine 
Corps, Coast Guard and Merchant Seamen showing service either in World 
War I or II, Jasper and Spartanburg Counties. — The clerk of court of Jasper 
or Spartanburg County is hereby authorized and directed to file and record 
free of any fee or charge any discharge presented to him for filing and record- 
ation issued by the United States Army, Navy, Marine Corps, Coast Guard and 
Merchant Seamen to any person whose service as shown by such discharge 
was in such Army, Navy, Marine Corps, Coast Guard and Merchant Seamen 
during the present World War II or during World War I. 

1945 (44) 94, 266. 

§ 8893-B. Photograph and record free discharges of veterans of World War 
II, Chesterfield County. — The clerk of court of Chesterfield County is author- 
ized and, upon the request of a veteran, is required to have the armed forces 
discharge of veterans of World War II photostated and to record such photo- 
static copies in a proper record book. The cost of such photostatic copies 
shall be paid upon warrant of the board of county commissioners out of the 
general funds of the county. 

1946 (44) 2606. 

§ 8893-2. Use photostatic or other photographic method record instrument 
in county with city over 70,000. 

See this section in 1944 Supplement. 

§ 8893-2A. Use photostatic copies or photo recording copies to record papers, 
counties with city over 60,000. — Photostatic copies, or photo recording copies, 
duly authenticated by the signature of the clerk of court, or other proper 
official charged with the duty of recording legal papers, of any county in 
this State containing a city having a population of over sixty thousand 
(60,000), according to the last official United States census, shall be a suf- 



317 Code op Laws op South Carolina § 8932 

ficient compliance with the law with reference to the recording- of all legal 
papers in said county. 
1946 (44) 1525. 

§ 8893-3. File andi record proofs, powers of attorney, conveyances, mort- 
gages and renunciation of dower approved by probate or acknowledgment — 
notice — certain validated. 

See this section in 1944 Supplement. 

§ 8906. Distribution of property.—* * * 

(6) If the intestate shall leave no child or other lineal descendant, father, 
mother, brother or sister of the whole blood, nor child of such brother or 
sister of the whole blood, nor brother or sister of the half blood, or lineal 
ancestor, the widow shall take the entire estate. If the intestate shall leave no 
widow the estate shall descend in equal parts to the uncles and aunts; the 
children of a deceased uncle or aunt to take among them the share to tvhich 
their parent would have been entitled had said parent survived the intestate. 
If there he no uncle, aunt or child of a deceased uncle or aunt, then the estate 
shall descend to the next of Mn. 

In reckoning the degrees of kindred, the computation shall begin with the 
intestate and be continued up to the common ancestor, and then down to the 
person claiming kindred inclusively, each step inclusively being reckoned as 
a degree. 

1945 (44) 313. 

1945 p 313 eliminated all after the word "take" on the last line of first paragraph 
of subsection 6 and added the above portion in italics. Above subsection replaces said 
subsection in 1942 Code. 

Applied. Evans et al. v. Ravenel et al., 1944, 205 S. C. 224, 31 S. E. 2d 347. 

§ 8919. Subscribing witnesses not to be incompetent because of interest — 
limitation. 

A void devise and legacy, which is part nessed the will and hence limited said 

of the residuary clause of a will does not persons' interest under the will, shall not 

pass under the remaining portion of the exceed in value any property, estate or 

same residuary clause and it becomes in- interest which they would be entitled upon 

testate property and distributable to the the failure to establish such will. Davis 

heirs at law of the testator except that et al. v. Davis et al., 1946, S. C , 

the interest of persons, whose wives wit- 37 S. E. 2d 530. 

§ 8926. Share of child dying in lifetime of testator. 

Testator held not to have had this sec- v. Love et al., 1946, S. C , 38 

tion in mind when he made his will. Love S. E. 2d 231. 

§ 8932. Wills— how proved. 

(5) Admit to probate wills and certificates relating thereto executed in 
time of war by persons in "military service". — The provisions of this sub- 
division (5) shall apply only to wills executed in time of war by a person 
in the military service of the United States of America. The certificate here- 
inafter provided for shall be a printed or written statement issued by an 
officer superior in rank to the person executing the will, or by the head of the 
department of the Government of the United States of America in which such 
person served, or by some other person in such department at the instance 



§ 8932 1946 Supplement 318 

of the head thereof, showing that the person executing the will and the wit- 
nesses to the execution were at the time of the execution of the will in the 
military service of the United States of America, and that at such time the 
United States of America was engaged in war. Such certificate shall also 
show that at the time of the execution of same the person executing the will 
was recorded by the department of the military service in which he served^ 
as being dead, and may also include a statement of such other facts pertaining 
to the service of the person executing the will and the witnesses thereto as 
the person issuing the statement may deem advisable. A person in the mili- 
tary service of the United States of America shall be construed to mean any 
person serving in the Army, the Navy, the Marine Corps, the Coast Guard 
of the United States of America; members of Merchant Marine, members of 
Red Cross, Seabees, or other person serving in a military or semi-military ca- 
pacity outside of United States ; and all officers of the public health service 
detailed by proper authority for duty with such Army or Navj^ When a 
will offered for admission to probate appears to have been signed and wit- 
nessed as provided by law, such will, together with a certificate or certificates 
of the nature and kind above prescribed, shall be prima facie evidence of 
the facts stated therein, and same shall be admitted to probate, either common 
or due form of law, and in so doing such will and certificates shall be received 
as evidence of the statement of facts therein made. 

1945 (44) 359. 

Heirs as necessary parties in attack on son et al. v. Anderson et al., 1946, 

will. Thompson et al. v. Anderson et al., S. C , 37 S. E. 2d 581. 

1946, S. C , 37 S. E. 2d 581. In will contest beneficiaries of pur- 

An infant may require proof of the will ported will, some of whom are minors 

in due form during his minority. Wein- without guardians, held to be properly 

berg V. Weinberg, S. C , 37 S. E. represented by executor and his counsel. 

2d 507. Thompson et al. v. Anderson et al., 1946, 

Adversaries being beneficiaries of two S. C , 37 S. E. 2d 581. 

conflicting and competing wills. Thomp- 

§ 8944. Probate judge may institute proceeding's. 

This section plainly recognizes the rep- and he proceeds, there need be no guard- 

resentation by an executor of a bene- ian of a minor devisee or legatee. Thomp- 

ficiary of a will who is non sui juris. The son et al. v. Anderson et al., 1946, 

statute contemplates that if there is such, S. C , 37 S. E. 2d 581, 

§ 8968. If parties refuse, court to nominate surveyor. 

One may be disqualified to act as ad- aff"airs of the intestate. Tolbert v. Tol- 
ministrator for some good reason arising bert, 1945, 206 S. C. 300, 34 S. E. 2d 49. 
out of his relation to the business and 

§ 8993. Executors and administrators ad^vertise for creditors — time debt due 
by deceased — time creditors file claims. 

See this section in 1944 Supplement. 

Court may interfere with right of cred- lins Estate, Inc., 1946, 207 S. C. 452, 36 
itor to exercise an option. Collins v. Col- S. E. 2d 584. 

§ 9000. Money paid by United States for insurance, compensation, or pen- 
sions to executors, administrators or heirs of certain war veterans exempt 
from claims against such veterans. — All moneys paid by the United States of 



319 Code of Laws of South Carolina § 9261 

America to the executors, administrators or heirs at law of any deceased 
World War 1 veteran, "World War 2 veteran, or Spanish-American War 
veterans, whose estate is administered on in South Carolina, for insurance, 
compensation, or pensions, is hereby declared to be exempt from the claims 
of any and all creditors of such deceased World War 1 veteran, AVorld War 2 
veteran, or Spanish-American War veterans. 

1945 (44) 137. 

World War II veterans included, 1945 p 137. Above section replaces § 9000, 1942 
Code. 

§ 9012. Filing of annual return. 

See this section in 1944 Supplement. 

§ 9017. Commissions. 

See this section in 1944 Supplement. 
§ 9041. All creations of trust shall be in writing. 

In suit set aside conveyance made pur- et al., 1944, 46 Fed. 2d 694. 
suant to trust agreement, which was al- Right to interpose defense of statute of 

leged to be fraudulent under § 8686 be- frauds is personal to the party who made 

tween creditor and one who formerly held the agreement said to be invalidated by 

legal title and his grantees, parole evi- it. U. S. Fidelity & Guaranty Co. v. Mills 

dence may be used to establish the trust. et al., 1944, 46 Fed. 2d 694. 
U. S. Fidelity & Guaranty Co. v. Mills 

§ 9042. Trusts arising, transferred, or extinguished by implication of law 
excepted. 

A constructive trust may be proved by rise to an obligation in equity to make 

parol despite the statute of frauds. Sear- restitution to the wronged cestui. Id. 

son V. Webb et al., 1946, S. C , The high degree of proof required to 

38 S. E. 2d 654. establish a constructive trust must go be- 
However it does not result from un- yond the ordinary requirement in civil 
written words alone, but by the fact of cases of preponderance or greater weight 
fraud, bad faith, abuse of confidence or of the evidence. Id. 
violation of a fiduciary duty which gives 

§ 9050. Investment of funds by guardians, executors, administrators, and 
other trustees — interest. 

Guardian's liability to ward for deposit- Bagwell v. Hinto et al., 1944, 205 S. C. 
ing funds in bank without court order. 377, 32 S. E. 2d 147. 

§ 9055. Powers of administrator with will annexed. — In every case where 
letters of administration with the Avill annexed shall have heretofore been 
or shall hereafter be granted, the person, persons, or corporation to whom 
such letters are granted shall have full power and authority to exercise all 
powers which may appear (either specifically or by implication) in the will, 
agreeably to the intention of the testate, including the power of sale of real 
estate and/or personal property, if such sale is provided for or authorized or 
required by the will, but shall not have the power or authority to exercise 
powers specifically provided for in the will to be exercised by some one other 
than an executor or executrix. 

1946 (44) 1518. 

Above section replaces § 9055, 1942 Code. 

§ 9152. Counties exempted. 

See this section in 1944 Supplement. 

§ 9261. Additional bonds for further improvements. — Any borrower having 
purchased, constructed, improved, enlarged or repaired any such system, pro- 



§ 9261 1946 Supplement 320 

ject or combined system pursuant to the provisions of this chapter and having 
issued bonds for any such purpose or purposes and having failed to provide 
in the authorizing ordinance for additional bonds for additional construction, 
improvement, enlargement or repair of such system, project or combined sys- 
tem, may, by ordinance provide for the issuance of additional bonds for fur- 
ther improvement, enlargement, extension or repair of any such system, pro- 
ject or combined system. Such additional bonds, when so issued and nego- 
tiated, shall rank junior in standing to the prior issue or issues of bonds for 
said system, project or combined system and shall so state on the face of the 
bonds. 

1945 (44) 269. 

Above section replaces § 9261, 1942 Code. 

§ 9261-1. Municipality extend systems beyond its limits — enter assessments. 
— Any city or town is authorized and empowered to extend its system beyond 
the city limits provided that each water and sewer system is extended to 
property beyond city limits. The assessment shall be entered in an assess- 
ment book in the office of the clerk of court for the county in which said 
city is located Avhich assessment shall be furnished by the city. Said assess- 
ment book to be furnished and paid for by the city. 
1945 (44) 269. 

§§ 9302-1 thru 9302-5. Counties with city over 70,000 establish paving dis- 
tricts. 

See these sections in 1944 Supplement. 

§ 9302-11 thru 9302-30. The County Planning Act. 

See these sections in 1944 Supplement. 

§ 9317-1. Cooper River park and playground commission. 

See this section in 1944 Supplement. 

§ 9318-1. Lancaster park and playground commission. 

Provisions of 1943 Acts and Joint Resolutions (43 Statutes at Large) pages 152 
and 153 and 1946 Acts and Joint Resolutions (44 Statutes at Large) page 1404 make 
up this section. See same for contents. 

§ 9332. Catawba Indians, otherwise qualified, citizens. 

See this section in 1944 Supplement. 



321 

Constitution of the State of South 
Carolina 1895 



ARTICLE I. 



Section 5. Privileges and immunities — protection of laws. 

License tax on premiums collected in County tax upon estates administered 

this State by foreign insurance company does not violate this section. Anderson 

valid. Prudential Ins. Co. of America v. et al. v. Page et al., 1946, S. C , 

Murphy, Insurance Commissioner, 1945, 37 S. E. 2d 289. 

207 S. C. 324, 35 S. E. 2d 586, Blanket ordinance adopting the common 

and statute law of the State with certain 

Act providing for refund of certain exceptions violates the due process pro- 
portion of gasoline taxes to farmers does vision of this section. Town of Conway 

not violate this section. State v. Query, v. Lee, Same v. Drayton et al., 1946, 

1946, 207 S. C. 500, 37 S. E. 2d 241. S. C , 38 S. E. 2d 914. 

Section 8. Attainder — ex post facto law. 

Act providing for refund of certain por- violate this section. State v. Query, 1946, 
tion of gasoline taxes to farmers does not 207 S. C. 500, 37 S. E. 2d 241. 

Section 17. Presentment of grand jury — not tried twice — private property. 

Applied. Werts v. Greenwood County, 1944, 205 S. C. 258, 31 S. E. 2d 451. 

Section 18. Trial by jury — witnesses. 

See generally. State v. Fisher, 1945, 206 and jury duty apply equally to the White 
S. C. 220, 33 S. E. 2d 495. and Negro races. State v. Middleton, 

All the requirements for registration 1946, 207 S. C. 478, 36 S. E. 2d 742. 

ARTICLE II. 

Right of Suffrage. 
Section 4. Qualifications for suffrage. 

There is no proof of discrimination for 207 S. C. 478, 36 S. E. 2d 742. 
the registration books to be marked with Educational qualification or a property 

the letter "c" to indicate colored people. qualification required to register. State 

State V. Middleton, 1946, 207 S. C. 478, v. Middleton, 1946, 207 S. C. 478, 36 S. E. 

36 S. E. 2d 742. 2d 742. 

See generally. State v. Middleton, 1946, 

Section 5. Appeal — crimes against election laws. 

The courts are always open to those State v. Middleton, 1946, 207 S. C. 478, 
who may be denied the right to register. 36 S. E. 2d 742. 

Section 10. Primary elections. — iP44 ^c^s and Joint Resolutions (4S Stat- 
utes at Large) page 234-4- and 1945 Acts and Joint Resolutions (44 Statutes at 
Large) page 10 eliminated this section. 

ARTICLE III. 

Legislative Department. 

Section 1. Legislative power. 

Legislative finding is subject to judicial roneous. State v. Query, 1946, 207 S. C. 

review, and the court may consider ex- 500, 37 S. E. 2d 241. 

trinsic evidence for this purpose, although The burden of the attack on legislative 

the statute will not be held unconstitu- finding is upon petitioners. Id. 
tional unless such finding is clearly er- 



Art. Ill, § 17. 1946 Supplement 322 

Section 17. One subject. 

Content of the title greater than that et al., 1945, 207 S. C. 194, 35 S. E. 2d 184. 
of the act. O'Shields et al. v. Caldwell 

Section 18. Formalities of act. 

See Brailsford v. Walker, 1944, 205 S. Gourdin et al., 1944, 205 S. C. 364, 32 
C. 228, 31 S. E. 2d 385, and Parrott v. S. E. 2d 14. 

Section 30. Extra compensation not permitted — appropriations for repell- 
ing invasion. 

County salary reimbursement act vio- Caldwell et al., 1945, 207 S. C. 194, 35 
lates this section. O'Shields et al. v. S. E. 2d 184. 

Section 32. Not pay salary of deceased officer beyond date of death — not 
grant pension except for military and navy service — not retire officer on pay 
or part pay — provide limited financial aid for certain needy persons. — lOJ^If. 
Acts and Joint Eesolutions (J^S Statutes at Large) page 1569 and 191^5 Acts and 
Joints Resolutions (44 Statutes at Large) pages 36 and 37 eliminated this 
section. 

Section 34. Special laws prohibited. 

Act putting county officers on salaries County tax upon estates administered 

and taking away fees does not violate does not violate this section. Anderson et 

this section. O'Shields et al. v. Caldwell al. v. Page et al., 1946, S. C , 

et al., 1945, 207 S. C. 194, 35 S. E. 2d 184. 37 S. E. 2d 289. 

ARTICLE V. 

Judicial Department. 
Section 4. Jurisdiction of Supreme Court. 

Supreme court is without jurisdiction "shall review the findings of fact." Young 

to review factual findings in a law case v. Levy et al., 1945, 206 S. C. 1, 32 S. E. 

which was tried by court on consent and 2d 889. 

jury dismissed and the court found on the Facts found by the jury are settled, and 

merits, if the evidence was reasonably are not subject to review. Aiken Petro- 

susceptible of the inferences embraced in leum Co. v. National Petroleum Under- 

the judgment. Weston v. Metropolitan writers of Western Millers Mut. Fire Ins. 

Life Ins. Co., 1945, 206 S. C. 128, 33 S. E. Co. of Kansas Citv, Mo., 1945, 207 S. C. 

2d 386. 236, 36 S. E. 2d 380. 

In chancery appeals the Supreme Court 

Section 15. Jurisdiction of courts of common pleas. 

Industrial commission is not a court v. Mount Vernon-Woodberry Mills, Inc., 
within the contemplation hereof. Schwartz 1945, 206 S. C. 269, 33 S. E. 2d 517. 

Section 20. Magistrates — terms — constables — salary. — A sufficient number 
of Magistrates shall be appointed and commissioned by the Governor, by and 
with the advice and consent of the Senate, for each County, who shall hold 
their offices for the term of two years and until their successors are appointed 
and qualified. Each Magistrate shall have the power under such regulations 
as may now or hereafter be provided by law, to appoint one or more Con- 
stables to execute writs and processes issued by him. The present trial Jus- 
tices are declared Magistrates as herein created and shall exercise the powers 
and duties of said office of Magistrate until their successors shall be appointed 
and qualified. Each Magistrate shall receive a salary, to be fixed by the 
General Assembly, in lieu of all fees in criminal cases. Provided, how- 



323 Constitution of the State of S. C. Art. V, § 26. 

ever, that in the Counties of Aiken and Hampton the Magistrates shall hold 
their office for a term of four years and until their successors are appointed 
and qualified. 

1944 (43) 1571; 1946 (44) 1323. 

Section 21. Jurisdiction of magistrates — examining courts. — * * * 
PROVIDED, FURTHER, That in addition to the jurisdiction conferred hy 
this Constitution upon magistrates in Anderson County, any magistrate or mag- 
istrates residing in the City of Anderson, or within seven (7) miles of the cor- 
porate limits of said City, who are licensed to practice law in this State and 
who have heen actively engaged in the practice of law in this State for a period 
of (2) years shall have the same jurisdiction as the Court of Common Pleas and 
the judges thereof ajid concurrent therewith in all cases in law and equity, spe- 
cial proceedings and remedial remedies, where the value of the property in con- 
troversy or the amount claimed does not exceed the sum of One Thousand 
($1,000.00) Dollars, to issue and hear writs of haheas corpus to determine the 
custody of minor children: PROVIDED, HOWEVER, They shall not have 
jurisdiction in any case where the title to real estate is involved, and such mag- 
istrate or magistrates shall have jurisdiction in such criminal cases as the Gen- 
eral Assembly may prescribe, hut such jurisdiction shall not extend to ca^es 
where the punishment exceeds a fine of Five Hundred ($500.00) Dollars and/or 
imprisonment for (18) months, (either or both) with or without hard labor, 
except, however, such jurisdiction in criminal cases may be extended by the 
General Assembly to include any and all violations of the laws relating to 
intoxicating and/or alcoholic liquors, cases charging non-support of wife and/or 
child or children, bastardy, drawing and uttering fraudulent check, driving 
motor vehicle binder the influence of intoxicating liquor, and disposing of prop- 
erty tinder lien, and in such cases said magistrates shall have the power to im- 
pose such sentences as are provided by law for such offenses. The Said magis- 
trates having the additional jiirisdiction herein provided, may be designated 
special magistrates, County Judges, or by such other title as the General As- 
sembly may prescribe. The manner of selecting jurors to serve said magistrates 
in exercising such additional jurisdiction and the area from which such jurors 
are selected, may be as the General Assembly shall prescribe. 

1946 (44) 1822. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 
1822 THRU 1824 PROPOSE TO AMEND LAST PROVISO IN THIS SECTION 
BY ADDING "OR WITHIN SEVEN (7) MILES WITHIN CORPORATE LIMITS 
OF SAID LIMITS," AFTER "ANDERSON" ON LINE 3, CHANGING "FIVE (5)" 
TO "TWO (2)" ON LINE 6, ADD LAST TWO SENTENCES, AND CHANGE 
STYLE AND PUNCTUATION. SAID PROPOSAL APPROVED BY MAJORITY 
VOTE IN NOVEMBER 5, 1946, GENERAL ELECTION. ITALICS IN ABOVE 
ADDED. 

Section 22. Trial by jury — jury in inferior courts — grand jury. 

See generally, State v. Middleton, 1946, 207 S. C. 478, 36 S. E. 2d 742. 

Section 26. Charge to juries. 

The trial Judge may not intimate to 34 S. E. 2d 796. 

the jury his opinion on any contested Extent declare the law. State v. Eskew, 

issue of fact in the case before him. 1945, 206 S. C. 520, 34 S. E. 2d 767. 
Jones V. Elbert et al., 1945, 206 S. C. 508, 



Art. V, § 34. 1946 Supplement 324 

Section 34. Matters now pending. 

Question of fact on appeal. Dinkins v. 2d 478. 
Robbins et al., 1945, 207 S. C. 77, 34 S. E. 

7 7 7 , 

ARTICLE Vin. 

Municipal Corporations and Police Regulations. 

Section 7. Bonded debt — certificates of indebtedness — sinking fund — re- 
funding bonded debt — provisos as to certain cities added by amendment. 

The clause "for the payment of any Mayor, et al., 1944, 205 S. C. 228, 31 S. E. 

indebtedness already incurred for any or 2d 385. 

either of such purposes" in provisions Airport indebtedness not legally in- 

hereof relating to Orangeburg does not curred may now be refunded hereunder, 

refer only to indebtedness already in- Id. 
curred in 1919. Brailsford v. Walker, 

Section 8. Manufactories may be exempt from taxation. 

PROVIDED, FURTHER, That the General AssemhUj may by local or special 

legislation exempt new manufacturing and industrial estahlishments of any 

character in Chesterfield County from any or all County, local, municipal or 

special taxes for a period of not more than (10) years from the date of the 

estahlishment of same. 

1946 (44) 2671. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 
2671 AND 2672 PROPOSE TO ADD ABOVE PROVISO TO THIS SECTION. 
SAID PROPOSAL APPROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946, 
GENERAL ELECTION. ITALICS IN ABOVE ADDED. 

ARTICLE X. 
Finance and Taxation. 

Section 1. Taxation and assessment. 

County tax upon estates administered ment and rate with respect to taxation re- 
does not violate this section. Anderson lates to property taxation. Anderson et 

et al. V. Page et al., 1946, S. C , al. v. Page et al., 1946, S. C , 

37 S. E. 2d 289. 37 S. E. 2d 289. 

Requirement of uniformity of assess- 

Section 3. Tax shall be levied in pursuance of law. 

Act providing for refund of certain County tax upon estates administered 

portion of gasoline taxes to farmers does does not violate this section. Anderson 

not violate this section. State v. Query, et al. v. Page et al., 1946, S. C , 

1946, 207 S. C. 500, 37 S. E. 2d 241. 37 S. E. 2d 289. 

Section 4. Property exempt from taxation. — There shall he exempted from 
taxation all County, township and municipal property used exclusively for pub- 
lic purposes and not for revenue, and the property of all schools, colleges and 
institutions of learning, all charitable institutions in the nature of asylums 
for the infirm, deaf and dumb, blind, idiotic and indigent persons, except where 
the proflits of such institutions are applied to private uses; all public libraries, 
churches, parsonages and buryitig grounds; but property of associations and 
societies, although connected with charitable objects, shall not be exempt from 
State, County or municipal taxation: PROVIDED, That as to real estate this 
exemption shall not extend beyond the buildings and premises actually occupied 



325 Constitution of the State of S. C. Art. X, § 5. 

ty such schools, colleges, instiiuiions of learning, asylums, lihraries, churches, 
parsonages and burial ground, although connected with charitable object: PRO- 
VIDED, FURTHER, the General Assembly may by Act exempt from taxation 
household goods and furniture used in the home of the owner thereof. 

1946 (44) 1745. 

1946 ACTS AND JOINT RESOLUTION (44 STATUTES AT LARGE) PAGES 
1745 AND 1746 PROPOSE TO EXEMPT FROM TAXATION HOUSEHOLD 
GOODS AND FURNITURE IN HOME OF OWNER. SAID PROPOSAL AP- 
PROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946, GENERAL ELEC- 
TION. ITALICS IN ABOVE ADDED. A COMPARISON OF ABOVE SECTION 
WITH SAID SECTION IN THE CONSTITUTION IS SUGGESTED FOR PAR- 
TICULAR CHANGES PROPOSED. 

Section 5. Taxes may be levied for corporate purposes, etc. — * * * 

Provided, further. That the limitations imposed by this Section shall 
not apply to bonded indebtedness incurred by Chesterfield County or any 
township or school district thereof, when the proceeds of any bonds issued 
by Chesterfield County, or any township or school district thereof are applied 
exclusively to the payment or refunding of any valid indebtedness heretofore 
contracted by such county, township or school district ; and said county and 
any township and any school district thereof is hereby expressly empowered 
and authorized to issue bonds to pay any valid existing indebtedness under 
such restrictions and limitations as the General Assembly may prescribe. 

1944 (43) 1575; 1945 (44) 146. 

PROVIDED, FURTHER, that the limitations imposed by this section shall 
not apply to the Charleston School District, comprised within the present limits 
of the City of Charleston, such school district being hereby expressly authorized 
to vote bonds to an amount not exceeding two hundred and fifty thousand 
($'250,000.00) dollars, the proceeds of such bonds to be applied solely to the 
erection and maintenance of school buildings in said district, under such re- 
strictions and limitations as the General Assembly may precribe, and where the 
question of incurring such indebtedness is submitted to the qualified electors 
of said school district, as provided in the Constitution, upon the question of 
bonded indebtedness. 

PROVIDED, FURTHER, that the limitations imposed by this section shall 
not apply to the Charleston School District, comprised within the present limits 
of the City of Charleston, such school district being hereby expressly authorized 
to vote bonds to an amount not exceeding one million ($1,000,000.00)- dollars, 
the proceeds of such bonds to be applied solely to the erection and maintenance 
of school buildings in said district, under such restrictions and limitations as 
the General Assembly may precribe, and where the question of incurring such 
indebtedness is submitted to the qualified electors of said school district, as 
provided in the Constitution, upon the question of bonded indebtedness. 

1946 (44) 1921. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 
1921 AND 1922 PROPOSE TO ELIMINATE ABOVE TWO PROVISOS FROM 
THIS SECTION. SAID PROPOSAL APPROVED BY MAJORITY VOTE IN 
NOVEMBER 5, 1946, GENERAL ELECTION. ITALICS IN ABOVE ADDED. 

PROVIDED, that the limitations imposed by this Section shall not apply 
to the Union School District No. 11, Union County, South Carolina, such school 



Art. X, § 5. 1946 Supplement 326 

district being hereby expressly autJwrised to issue bonds to an amount not to 
exceed twenty (20) per centum of the value of all taxable property in the terri- 
tory embraced in said school district, as valued or assessed for taxation by the 
State, the proceeds of such bonds to be applied solely to the erection, equipment 
and maintenance of schools and school buildings in said district, and the pur- 
chase of grounds, under such restrictions and limitations as the General As- 
sembly may prescribe, and ivhere the question of incurring such indebtedness 
is to be submitted to the qualified electors of said school district, as provided 
in the Constitution, upon the question of bonded indebtedness. 

1946 (44) 2531. 

1946 ACTS AND JOINT RESOLUTIONS (U STATUTES AT LARGE) PAGES 
2531 AND 2532 PROPOSE TO ADD ABOVE PROVISO TO THIS SECTION. 
SAID PROPOSAL APPROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946, 
GENERAL ELECTION. ITALICS IN ABOVE ADDED. 

PROVIDED, That the limitations imposed by this Section shall not apply to 
Union Hospital District, Union County, State of South Carolina, said Union 
Hospital District being hereby expressly authorized to issue bonds to an amount 
not to exceed twenty (20) per centum of the value of all taxable property em- 
braced in said hospital district, as valued or assessed for taxation by the State, 
the proceeds of such bonds to be applied solely to the purposes of acquiring 
property, erecting or enlarging building or buildings and purchasing equipment 
for the construction, establishing and maintenance of a public hospital and 
appurtenances in said Union Hospital District or paying any indebtedness 
incurred for said purposes, under such restrictions and limitations as the Gen- 
eral Assembly may prescribe, and where the question of incurr'ing such indebt- 
edness is to be submitted to the qualified electors of said Union Hospital Dis- 
trict, as provided in the Constitution upon the question of bonded indebtedness. 

1946 (44) 2527. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 
2527 THRU 2529 PROPOSE TO ADD ABOVE PROVISO TO THIS SECTION. 
SAID PROPOSAL APPROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946, 
GENERAL ELECTION. ITALICS IN ABOVE ADDED. 

PROVIDED, that the limitations as to bonded indebtedness, imposed by this 

Section shall not apply to the Clover School District, No. 37, of York County, 

and that the Clover School District No. 37 of York County, may incur bonded 

indebtedness to an amount not exceeding twenty per centum (20%) of the 

assessed value of all taxable property therein, without regard to the amount of 

bonded indebtedness now outstanding or hereafter created of any other munci- 

ipal corporation or political subdivision of this State. 

1946 (44) 2564. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 
2564 AND 2565 PROPOSE TO ADD ABOVE PROVISO TO THIS SECTION. 
SAID PROPOSAL APPROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946, 
GENERAL ELECTION. ITALICS IN ABOVE ADDED. 

PROVIDED, FURTHER, That the limitations as proposed by this Section 

shall not apply to School District No. 1, of Kershaw County, South Carolina, 

said School District being hereby authorized to issue additional bonds in an 

amount not exceeding fifteen (16%) per cent of the valuation of the assessable 

property in said school district, and that the question of incurring said indebt- 



327 Constitution of the State of S. C. Art. X, § 14a. 

edness he submitted to the qualified electors of said scliool district as provided 
in the Constitution upon the question of bonded indebtedness. 

1946 (44) 2681. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 
2681 AND 2682 PROPOSE TO ADD ABOVE PROVISO TO THIS SECTION. 
SAID PROPOSAL APPROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946, 
GENERAL ELECTION. ITALICS IN ABOVE ADDED. 

PROVIDED, FURTHER, That the limitations imposed hy this section or any 
other provision or part of this Constitution shall not apply to the bonded in- 
debtedness incurred by any of the towns or municipal corporations in Chester- 
field County when the proceeds of any bonds issued by any of said toivns or 
municipal corporations in Chesterfield County are applied exclusively to the 
refunding or payment of any indebtedness heretofore contracted by any of said 
towns or municipal corporations, and said towns or municipal corporations are 
hereby expressly authorized and empowered to issue bonds to refund or pay 
any existing indebtedness of any of said towns or municipal corporations under 
such co7iditions and limitations as the General Assembly may, by local or special 
laws provided and prescribe. 

1946 (44) 2672. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 
2672 AND 2673 PROPOSE TO ADD ABOVE PROVISO TO THIS SECTION. 
SAID PROPOSAL APPROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946. 
GENERAL ELECTION. ITALICS IN ABOVE ADDED. 

Section 6. Credit of State, etc. — * * * 

Provided, That the General Assembly shall have power to authorize a 
county or township to levy a tax or issue bonds for the purposes of construc- 
tion and maintenance of an airport or the construction and maintenance of 
landing strips. 

1944 (43) 1572; 1945 (44) 10. 

The General Assembly is not empow- 2d 14. 
ered hereunder to authorize a county to County tax upon estates administered 

levy a tax or issue bonds for the estab- does not violate this section. Anderson 

lishment of an airport. Parrott v. Gour- et al. v. Page et al., 1946, S. C , 

din et al., 1944, 205 S. C. 364, 32 S. E. 37 S. E. 2d 289. 

Section 14a. Assessments on abutting property in Charleston and Beau- 
fort.—* * * 

Provided, further, That in the City of Charleston, permanent improve- 
ments for any street or sidewalk shall be considered and construed to be 
su(jh improvements as the City Council of Charleston, in its judgment, shall 
determine to be durable, taking into account the nature of the street founda- 
tion, the volume of pedestrian and vehicular traffic passing over or expected 
to pass over the said street or sidewalk, and the wearing quality of construc- 
tion materials. 

Provided, further, That the City Council of Charleston, at its option, 
may accept assistance in the improvement of any street or sidewalk from 
any other governmental subdivision or unit or other agency, and thereupon 
shall levy upon the abutting property only such portion of the cost of such 
improvement as is not paid by the other governmental subdivision or unit or 
agency. 

1944 (43) 1573; 1945 (44) 6. 



Art. X, § 15. 1946 Supplement 328 

Section 15 (1). Chester levy assessments against abutting- property for cer- 
tain improvements — issue obligations pay for improvements — pledged assess- 
ments pay. — The General Assembly may authorize the City of Chester, upon 
the written consent of the owners of two-thirds of the frontage of the property 
abutting upon the street, roadway, alleyway, sidewalk or part of either, pro- 
posed to be improved, to levy an assessment upon the abutting property for the 
entire cost of such improvements, including lateral pipe lines; the corporate 
authorities, however, to pay the cost of improving the intersection of any such 
streets, roadways, alley ways or sidewalks. PROVIDED, that the said City 
of Chester may be authorized and empowered withoiit the necessity of any 
election to issue improvement certificates or bonds in an amount not exceeding 
the aggregate amount of the cost of such improvements, pledging the assess- 
ment as security therefor, and such certificates or bonds shall not be deemed 
to be a part of the bonded indebtedness of said city within the meaning of any 
constitutional limitation. PROVIDED, FURTHER, that the said City of Ches- 
ter may, at its option, assess only a portion of the cost against abutting property 
owners, itself paying the remainder. PROVIDED, FURTHER, that crushed 
stone or slag laid on a prepared clay or topsoil base and bound securely by some 
bituminous material in such a manner as to form a durable hard surface, by 
methods termed 'surface treatment' , shall be considered and construed to be a 
type of permanent improvement permitted or authorized hereunder for use on 
the streets and roadways within the present or enlarged corporate limits of the 
City of Chester. 

1946 (44) 2668. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 

2668 AND 2669 PROPOSE TO ADD ABOVE SECTION. SAID PROPOSAL AP- 
PROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946, GENERAL ELEC- 
TION. ITALICS IN ABOVE ADDED. ANALYSIS LINES, PERIOD AND 
DASH IN BOLD-FACE ADDED. 

Section 15 (1) (a). Chester extend water and sewer service — levy assess- 
ments — issue obligations — pa3rment. — The General Assembly may authorize the 
City of Chester, upon the written consent of any property owner, within or 
without the corporate limits of said city, to extend water and sewer service to 
said property owner by cozistructing water and sewer lines to said property 
and to levy an assessment upon said property, which assessment shall constitute 
a lien upon said property, for the entire cost of extending such ivater and sewer 
lines. That the said city may be authorized and empowered, without the neces- 
sity of any election, to issue water and sewer bonds in an amount not exceeding 
the aggregate amount of the cost of extending such water and sewer lines, 
pledging the assessment as security therefor, and such certificates or bonds 
shall not be deemed a part of the bonded indebtedness of said city within the 
meaning of any constitutional limitation. PROVIDED, that the said City 
of Chester may, at its option, assess only a portion of the cost of extending 
water and sewer lines within the corporate limits, itself paying the remainder. 

1946 (44) 2669. 

1946 ACTS AND JOINT RESOLUTIONS (44 STATUTES AT LARGE) PAGES 

2669 THRU 2671 PROPOSE TO ADD ABOVE SECTION. SAID PROPOSAL AP- 
PROVED BY MAJORITY VOTE IN NOVEMBER 5, 1946, GENERAL ELEC- 



329 Constitution of the State of S. C. Art. XVI, § 1. 

TION. ITALICS IN ABOVE ADDED. ANALYSIS LINES, PERIOD AND 
DASH IN BOLD-FACE ADDED. 

Section 16. Florence, Orangeburg and Landrum may assess abutting prop- 
erty for permanent improvements. 

Time assessment due under ordinance Southern Ry. Co. v. City of Orangeburg, 
of Orangeburg 7-12-18 and exercise of 1944, 145 F. 2d 725. 
option thereunder to pay in installments. 

ARTICLE XI. 

Education. 

Section 5. Free public schools — school districts — bonded debt — graded 
school districts. — * * * 

Provided, further, That the limits of area of School Districts imposed by 
this Section shall not applj- to Richland County, but in said County, School 
Districts shall be of such area as the General Assembly may prescribe. 

1944 (43) 1576; 1945 (44) 11. 

ARTICLE XVI. 

Amendment and Revision of the Constitution. 
Section 1. Amendments. 

"Enrolled bill" rule applies to complaint the House. Brailsford v. Walker, Mayor, 
of failure of bill ratifying constitutional et al., 1944, 205 S. C. 228, 81 S. E. 2d 385. 
amendment to receive three readings in 



Index 



ABBEVILLE COUNTY 

Circuit court jurors pay § 632. 

State highway No. 72, location § 5933-1(1). 

Tax arbitration board § 2839-3. 

ABUTTING PROPERTY 

Charleston, assessment on, Const. S. C, 

Art. X, § 14a. 
Chester levy assessment against, proposed 

Const. S. C, Art. X, § 15 (1). 
Hartsville assess § 7675-37B. 

ACCOUNTS 

Assignments § 398. 

Payment without notice § 398. 

ACTIONS 

^lunicipal limits, time contest § 7232-1. 
Revive or renew judgments and decrees 

§§ 387, 743, 745. 
Time sue for wages claim under federal 

law § 396-2. 

ADMINISTRATOR 

See Executor and Administrator. 

ADMISSIONS 
Confederate Home § 2244. 

ADMISSION TAX 

See Motion Picture Theaters. 

ADVERTISEMENT 

Alcoholic liquor § 1842. 
Stock, corporation, time advertise for new 
certificate § 7682. 

AERONAUTICS 

County or townships incur debt construct 
and maintain airport or landing strip, 
^ Const. S. C, Art. X, § 6. 

Fairfield County aeronautics commission 
§ 4350-1. 

Gaf¥ney-Cherokee County airport commis- 
sion § 4121-6. 

Greenwood airport commission § 4467-7. 

Liability of owner and operator of aircraft 
§ 7104. 

Newberry airport commission § 4684-4. 

Walterboro-Colleton County airport com- 
mission § 4224-4. 

Williamsburg County aeronautics board 
§ 4874. 

AGED 

Assistance for certain, limitation eliminated. 

Const. S. C, Art. IH, § 32. 
Retire certain, public employees §§ 3810-1 

thru 3810-17. 



AGRICULTURE 

Commissioner, state warehouse system, 

duties and powers, etc. as to § 6469, et 

seq. 
Gasoline consumed in, refund certain tax 

on § 2520-5. 
Landlord and tenant law §§ 8805 thru 

8806-49. 
Plant certification §§ 5806-91 thru 5806-95. 
Products of this State and other States, 

taxes on § 2578(66). 
Rents, collection §§ 8805 thru 8806-49. 
Seed certification §§ 5806-91 thru 5806-95. 
Soil conservation districts, sub-divide § 

5806-105J. 
Tenancy of farm laborers, share-croppers 

and rental of farm lands, expiration § 

8806-8. 

AIKEN 

Planning commission § 7675-lB 

AIKEN COUNTY 

Aiken school district No. 1, trustees § 

5518-1. 
Bailiffs, pay §§ 3518, 4964. 
Circuit court jurors, pay § 632. 
Clerk or clerk aid, hours work § 3927. 
Confederate veteran's widow, pay $25 

monthly § 3928. 
Forest protection association, lands of, sale, 

etc. § 3931. 
Forfeited land commission transfer lands 

to Aiken County forest protection as- 
sociation § 3931(3). 

Persons redeemed § 3931(3). 

Use, etc. § 3931(3). 
Foxes, hunt and kill anytime § 1796-1. 

Pay bounty for each killed § 1796-1. 

Steel traps, not use catch or kill § 1796-1. 
Gregg school district No. 22. 

Retire teachers and employees § 5518-6. 
Jurors, circuit court, pay § 632. 
Langley-Bath Clearwater centralized high 
school district No. 6 § 5519-1. 

Trustees § 5519-1. 
Magistrates, bonds, reports, settlements, 
salaries § 3749. 

Constables, bonds § 3749. 

Term Const. S. C, Art. V, § 20. 
Marriage records, complete § 8561. 
Master, appropriation for stenographic 

services for § 3700-1. 
Probate judge, fees 4942-1. 
School trustees, Aiken School District No. 
1, duties, etc. § 5518-1. 

Langley-Bath Clearwater centralized high 
school district No. 6 § 5519-1. 
State retirement system, participate in § 

3929. 
Taxes, redemption of lands forfeited for 

§ 3931(3). 
Witnesses, pay § 4964. 



AIKEN COUNTY FOREST PROTEC- 
TION ASSOCIATION 

Aiken County transfer certain lands to, 
use, etc. § 3931(3). 

AIRCRAFT 

See Aeronautics. 

AIRPORTS 

See Aeronautics. 

County or townships incur debt construct 
and maintain Const. S. C, Art. X, § 6. 

ALCOHOL 

Exempted from Alcoholic Beverage Con- 
trol Act of 1945 § 1850. 

ALCOHOLIC BEVERAGE CONTROL 
ACT OF 1945, THE 

See Intoxicating Liquors. 

ALCOHOLIC LIpUOR 

See Intoxicating Liquors. 

ALDERMEN 

See Municipal Corporations; also particu- 
lar municipality. 

ALIEN 

Lands conveyed by, to a corporation con- 
trolled by grantor § 7790. 

ALLENDALE COUNTY 

Jurors, notify, when court called off § 
64(2). 

AMENDMENTS 

Constitutional. 

See Amendments proposed under Con- 
stitution of South Carolina, 1895. 

ANDERSON COUNTY 

Broadway Lake, methods not use catch 

fish in § 1797. 
Magistrates, jurisdiction, proposed. Const. 

S. C, Art. V, § 21. 
Pelzer school district No. 22, tax levy, 

§ 5426. 
Tax exemptions § 2842(1). 

APPROPRIATIONS BY 

S. C, State of § 3810-12. 

APPROPRIATIONS FOR 

Forestry § 3284-12(3). 
Service officers § 2968. 
South Carolina retirement system § 3810- 
12. 

ARMED FORCES 

See United States Armed Forces. 

ARMY 

See War; also United States Armed 
Forces; also Military Service. 

ASSESSMENTS 

McColl exempt property of churches from 
paying paving § 7675-40B. 

ASSESSORS 

See Taxes and Taxation; also particular 
subdivision. 

ASSIGNMENT 

Accounts, payment without notice of as- 
signment § 398. 

Retirement benefits § 3810-13. 



ASSISTANCE 

Blind persons receive from state § 4996-40. 

Constitutional provisions relating to, re- 
pealed Const. S. C, Art. Ill, § 32. 

Old age, residence required receive § 
4996-30. 

ASSOCIATIONS 

See Corporations. 

Law, practice of, by § 333-4. 

ATTACHMENT 

Aircraft § 7104. 

Retirement benefits exempt from § 3810-13. 

ATTORNEY GENERAL 

Salary § 3112. 

ATTORNEYS 

Board of probation, parole and pardon, 
appear before § 1038-11. 

Lancaster County § 4569-1. 

Nonresident, admission to practice § 319. 

Soliciting of business for, prohibited § 333-1. 
Not pay for § 333-2. 

Supreme Court justice or circuit court 
judge retired, act as § 3810-24, 

Towns of 1,000 and not over 5,000, elec- 
tion, salary § 7449. 

AUDIO-VISUAL EQUIPMENT 

Provide for use in public schools § 5286. 

AUTHORITIES 

Housing. 

See Housing and Housing Authorities. 
Housing, certain, provide in rural areas 

§ 5271-58. 
Housing, study and report on § 5271-62. 

AUTOMOBILES 

See Motor Vehicles. 

AVIATION 

See Aeronautics. 

BABY 

See Vital Statistics. 

BAILIFFS 

Appointment, etc. § 3518. 

BAMBERG COUNTY 

Bamberg school district 14. 

Nonresident pupils, payment cost § 
5530-3(2). 

Trustees § 5530-3. 
Olar school district No. 8, candidate for 

trustee give notice § 5530. 
Public library board § 5530-11. 
School districts, area § 5319. 
School trustees §§ 5343, 5530, 5530-3. 

BANKS 

Cash depositories. 

Engage in banking, when § 7875-10. 
Holidays §§ 7054, 7054-1. 
Servicemen's Readjustment Act of 1944, 

make loans under § 7838-1. 

Rules for 7838-1. 
State board of bank control. 

Cash depositories, permit, engage in 

banking § 7875-10. 



BEACHES 

Horrv County, operation of motor vehicles 
on, restricted § 1691. 

BEAUFORT COUNTY 

Circuit court, terms of § 64. 

Records, certify photostatic copies of § 

3627-1. 
School funds, disbursement § 5355. 

BEDDING 

Minimum tags manufacturer purchase § 
5057-16. 

BEER 

Defined § 2557-9. 
License tax on § 2557-2. 
Permit sell or distribute § 2557-5. 
Records and reports § 2557-2. 
Sale § 2557-2. 

BENEFITS 

Peace officers not receive, until services 
terminated §§ 3812-1, 3812-2. 

Time apply for § 3812-2. 
Unemployment compensation § 7035-83 (b). 

Disqualifications for § 7035-85(b). 

BERKELEY COUNTY 

Magistrate, additional; constable § 3756 

(1). 
School trustees § 5540-1. 
Supervisor, publish disbursements § 4042- 

1. 
Tax exemptions § 2845-21(1). 

BIRTH 

See Vital Statistics. 

Cards or certificates, issue; cost § 5135-3. 

Certificates, correct mistakes, Sumter 

County § 5057-5. 
L'^sue certificates of, to legally adopted 

children § 5135-4. 
Records, issue certificates of § 5134. 

Admit in evidence § 5134. 

Fees § 5134. 

BLIND 

Assistance for, limitation eliminated Const. 

S._ C, Art. Ill, § 32. 
Assistance receive from state § 4996-40. 

BOARD 

See particular board. 

BOARD FOR PROMOTION OF EX- 
TERNAL TRADE 

Abolished, duties and powers devolved 
§§ 3442-1 thru 3442-4. 

BOARD OF COUNTY COMMISSION- 
ERS 

See County Boards of Commissioners. 

BOARD OF DENTAL EXAMINERS 

Pay, expenses, etc. § 5216. 

BOARD OF DIRECTORS 

See County Boards of Directors. 

BOARD OF EDUCATION 

See Schools and School Districts. 

BOARD OF HEALTH 

See Health. 



BOARD OF PARDONS 

Abolished, etc. § 3432. 

BOARD OF PUBLIC WORKS 

See Public Works. 

BOARD OF REGISTRATION 

See this title under Elections. 

BOARD OF STATE INDUSTRIAL 
SCHOOLS 

Appointment, terms, duties, etc. §§ 1992-1 
thru 1992-10. 

BOATS 

Register, operated in Little Pee Dee 
River § 1807-3. 

BONDS 

Aiken County magistrates and constables 

§ 3749. 
Chesterfield County § 4148. 
Edgefield County, probate judge § 3645. 
Indebtedness. 

Charleston County, Charleston school 
district, proposed. Const. S. C, Art. 
X, § 5. 
Kershaw Count}', School district No. 1, 

proposed. Const. S. C, Art. X, § 5. 
Municipalities, Chesterfield County, pro- 
posed. Const. S. C, Art. X, § 5. 
Union County, Union hospital district, 

proposed. Const. S. C, Art. X, § 5. 
Union County, Union school district No. 
11, proposed. Const. S. C, Art. X, § 5. 
York County, Clover school district No. 
37, proposed. Const. S. C, Art. X, § 5. 
Public works projects, issue, for § 9261. 
Stadium, municipal corporations vote on, 
for § 7327. 

BOOKS 

Textbooks. 

See particular subdivision; also Schools 
and School Districts. 

BORROW 

See particular political subdivisions. 
Williamsburg County §§ 5665-3 thru 5665- 
18. 

BOTTOMS 

Oysters, amount plant on § 3343. 

BRIDGES 

See Highways. 

Ben M. Sawyer Memorial § 5933-1(22). 

BROADAWAY LAKE 

Methods not use fish in § 1797. 

BUILDING COUNCIL OF SOUTH 
CAROLINA 

Abolished, duties and powers devolved 
§§ 5271-1 thru 5271-3. 

BUILDINGS 

See Housing and Housing Authorities. 
Control and care of certain, Saluda County 

§ 4753-1. 
Inspection fees, cities of 70,000 or more 

§ 7484. 
Research, Planning and Development Act 

of 1945, The §§ 3442-81 thru 3442-88. 



BUSES 

See Motor Vehicles. 

Drivers, school, duties and powers § 1626- 

3(13). 
School, color paint § 1626-3(2). 

CANDIDATES 

See Elections. 

CAPTURED 

Federal Missing Persons Act, receive evi- 
dence of, under § 718. 

Receive evidence of, under Federal Missing 
Person Act § 718. 

CARNIVALS 

Licenses, payment, Sumter County § 6333 
(2). 

York County, Ft. Mill township, not op- 
erate in § 6334-1. 

CARRIERS 

See Motor Vehicles. 

CASH DEPOSITORIES 

Banking, engage in, on consent of state 

board of bank control § 7875-10. 
Holidays §§ 7054, 7054-1. 

CERTIFICATES 

Corporation, transfer of §§ 7017-1 thru 
7017-24. 

CHANGE OF VENUE 

See Venue. 

CHAPIN 

Term of mayor and councilmen § 7675-12B. 

CHARLESTON 

Convey to state ports authority certain 

property §§ 3442-76 thru 3442-79. 
Motor vehicles, register annually § 5895. 
Port utilities commission and board of 
harbor commissioners, duties and powers 
devolved §§ 6719, 6727, et seq. 
Streets and sidewalks. 

Accept aid improve Const. S. C, Art. 

X, § 14a. _ 
Permanent improvements for Const. S. 
C, Art. X, § 14a. 
Washington light infantry and Sumter 
guards board of officers, the, duties, 
powers, etc. § 2973. 
Tax levy for § 2974. 

CHARLESTON COUNTY 

Charleston school district, bonded indebt- 
edness, proposed. Const. S. C, Art. X, 

Forfeited land commission, sales § 2848-2A. 
St. Andrews parish playground commis- 
sion § 4077-10. 
School warrants, execution § 5356. 
Tax exemptions § 2845-21(1). 

CHARTER 

Non-profit hospital service plan §§ 8113-21 

thru 8113-43. 
Towns under 1,000, surrender of chartei's 

§ 7402. 



CHATTEL MORTGAGES 

Property distrained for rent subject to § 
8806-49. 

CHEROKEE COUNTY 

Chesnee high school district No. 94 § 
5550-1. 
Trustees § 5550-1. 

Gaffney-Cherokee County airport commis- 
sion § 4121-6. 

Sinking fund commission §§ 4120, 4121. 

Textbooks, funds for free § 5549(5). 

CHESTER 

Abutting property, levy assessment against 
for improvement, proposed. Const. S. C, 
Art. X, § 15(1). 

City council, election § 7238. 

Water and sewer services, extend, pro- 
posed. Const. S. C, Art. X, § 15 (1) 
(a). 

CHESTER COUNTY 

Forfeited land commission sell its property 
§ 2850-4. 
Disposition of funds § 2850-4. 

Forest Fire Control Organization Act re- 
pealed § 4138-6. 

Library, free public § 5555. 

Magistrate constables' salaries § 3760(11). 

Magistrates' salaries § 3760(l). 

Rural police, duties § 3793. 

Tax exemptions § 2850. 

CHESTERFIELD COUNTY 

Board of education § 5556-4. 

Bonded indebtedness of, or any town- 
ship or school district therein Const. S. 
C, Art X, § 5. 

Bonds, official § 4148. 

Chesterfield school district No. 18, trus- 
tees § 5558-1. 

Discharges of veterans of World War II, 
photostat and record § 8893-B. 

Finances of school districts and townships 
§ 4148. 

Funds, deposit of § 4148. 

Municipalities, bonded indebtedness, pro- 
posed. Const. S. C, Art. X, § 5. 

Real estate, sell unneeded § 4148-4. 

Rural peace officers § 3793-11. 

School children, transportation § 5556-4. 

School finances §§ 4148, 5556-3, 5556-4. 

School system § 5556-4. 

School trustees, Chesterfield school district 
No. ]8 § 5558-1. 
Finances, duties as to §§ 4148, 5556-3, 

5556-4. 
Financial statements for § 5556-4. 

Service officer § 2970-13. 

Sinking fund commission, duties and pow- 
ers § 4148. 

Tax collector § 2851-2. 

Taxes on personalty, collection § 2851-2A. 

Tax exemptions, proposed. Const. S. C, 
Art. VIII, § 8. 

Tax matters, officials cooperate in § 2851- 
lA. 

CHIEF GAME WARDEN 

See Game and Game Laws. 



CHILDREN 

Assistance for certain, limitation elimi- 
nated Const. S. C, Art. Ill, § 32. 

Expulsion from school in county with ju- 
venile-domestic relations court § 256-126. 

Issue certificates of birth to legally adopt- 
ed § 5135-4. 

Presumption as to, of abandoned spouse 
§ 8568. 

School. 

See Schools and School Districts. 

CIRCUIT COURT 

Judges, resign or retire and receive allow- 
ances for life §§ 3810-21 thru 3810-26. 

Practice of law § 3810-24. 
Jurors, notify, when court called ofif, Allen- 
dale and Florence Counties § 64(2). 
Jurors, pay § 632. 
Terms. 

Beaufort County § 64. 

Colleton County § 64. 

Jasper County § 64. 

McCormick County § 61(1) (b). 

York County § 56(d). 

CITIES 

See Municipal Corporations. 

CIVIL CASES 

See Common Pleas. 

CLAIMS 

World War II veterans, monies paid by 
U. S. on behalf of, exempt from § 9000. 

CLARENDON COUNTY 

School trustees. 

St. Mark school district No. 6 §5562-10. 

CLEMSON AGRICULTURAL COL- 
LEGE, THE 

Seed and plant certification, provide for 
§§ 5806-91 thru 5806-95. 

CLERK 

Hours work, Aiken County § 3927. 

CLERK OF COURT 

Collect auditing fees of deed recorded, 
Oconee County § 4689. 

Darlington County, fees § 8558. 

Discharge, charge record, Marlboro Coun- 
ty § 8893(2). 

Duties in certain criminal proceedings, 
Sumter County § 943. 

Minimum fee, Marion County § 4932-1. 

Record armed forces discharges free § 
8893. 

CLINTON 

License motor bus transportation system 
§ 7675-16C. 

CLOVER 

Commission of public works abolished § 
7675-17A. 

COAST GUARD 

See United States Armed Forces. 



COLLETON COUNTY 

Circuit court, terms of § 64. 

Library board, librarian § 5566-20. 

State retirement system, participate in § 
4224-3. 

Taxes, exemptions § 2852-41. 

Walterboro-Colleton County airport com- 
mission § 4224-4. 

COMMERCE DEVELOPMENT 
BOARD 

Abolish, duties and powers devolved §§ 
3442-31 thru 3442-51. 

COMMERCIAL FERTILIZER 

Plant food contents § 6363(1). 

commission' 

See particular commission; also Fees. 
Confederate home § 2244(1). 

COMMISSION OF PUBLIC WORKS 

Gaffney, salaries § 7675-28A. 

COMMITTEE 

Superintendent of state hospital act as, for 
patients § 6238. 

COMMON PLEAS 

See Circuit Court. 

COMMUNITIES 

Incorporated, plumbing and sewerage fa- 
cilities, counties with city over 70,000 
§§ 7151-1 thru 7151-3. 

COMMUTATION TAX 

See Road Tax. 

COMPENSATION 

See Unemployment Compensation; also 
Workmen's Compensation. 

CONFEDERATE HOME 

Commission § 2244(1). 
Persons admit § 2244. 

CONFEDERATE VETERANS 

Widow, Aiken County pay $25 monthly 
§ 3928. 

CONSTABLES 

See Magistrate, also Sheriff, also particu- 
lar county. 

Insurance and annuities, eligibility for §§ 
3812-1, 3812-2. 
Time apply for § 3812-2. 

State, appointment, etc. § 1848. 

CONSTITUTION OF SOUTH CARO- 
LINA 

Abutting property, levy assessments 
against for improvements, Chester, pro- 
posed. Const. S. C, Art. X, § 15 (1). 
Aiken County, term of magistrates Const. 

S. C, Art. V, § 20. _ 
Airport or landing strip, county or town- 
ship incur debt construct and maintain 
Const. S. C, Art. X, § 6. 
Amendments proposed. 

Art. V, § 21, magistrates with additional 
jurisdiction, Anderson Count}'- — quali- 
fications — title — jurors, Const. S. C, 
Art. V, § 21. 



CONSTITUTION OF SOUTH CARO- 
LINA— Cont'd 

Amendments proposed — Cont'd 

Art. VIII, § 8, tax exemptions, Chester- 
field County, Const. S. C, Art. VIII, 
§ 8. 

Art. X, § 4, exempt from taxation house- 
hold goods and furniture in home of 
owner, Const. S. C, Art. X, § 4. 

Art. X, § 5, bonded indebtedness, Ches- 
terfield County, Const. S. C, Art. X, 
§ 5. 

Art. X, § 5, bonded indebtedness. Clover 
school district No. 37, York County, 
Const. S. C, Art. X, § 5. 

Art. X, § 5, bonded indebtedness, Ker- 
shaw County, School district No. 1, 
Const. S. C, Art. X, § 5. 

Art. X, § 5, bonded indebtedness. Union 
hospital district. Union County, Const, 
S. C, Art. X, § 5. 

Art. X, § 5, bonded indebtedness. Union 
school district No. 11, Union County, 
Const. S. C, Art. X, § 5. 

Art. X, § 5, issuance of bonds by Char- 
leston school district, Charleston Coun- 
ty. Const. S. C, Art. X, § 5. 

Art. X, § 15(1), Chester extend water 
and sewer services, Const. S. C, Art. 
X. § 15(1). 

Art. X, § 15(1) (a), Chester levy assess- 
ments against abutting property, 
Const. S. C., Art. X, § 15(1) (a). 
Assistance to blind and certain needy per- 
sons, eliminated limitation on Const. S. 

C, Art. Ill, § 32. 
Bonded indebtedness. 

Charleston County, .Charleston school 
district, proposed. Const. S. C, Art. 
X, § 5. 

Chesterfield County municipalities, pro- 
posed, Const. S. C, Art. X, § 5. 

Kershaw County, School district No. 1, 
proposed. Const. S. C, Art. X, § 5. 

Union County, Union hospital district, 
proposed, Const. S. C, Art. X, § 5. 

Union County, Union school district No. 
11, proposed. Const. S. C, Art. X, § 5. 

York County, Clover school district No. 
37, proposed, Const. S. C, Art. X, § 5. 
Charleston, street and sidewalk improve- 
ments Const. S. C, '95, Art. X, § 14a. 
Chesterfield County municipalities, bonded 

indebtedness, proposed, Const. S. C, Art. 

X, § 5. 
Chesterfield County, or any township or 

school district therein, bonded indebted- 
ness Const. S. C, Art. X, § 5. 
Hampton County, term of magistrates 

Const. S. C, Art. V, § 20. 

Aiken County Const. S. C, Art. V, § 20. 
Hampton County Const. S. C, Art. V, 

§ 20. 
Jurisdiction, proposed, Anderson County, 

Const. S. C, Art. V, § 21. 
Municipal corporations, bonded indebted- 
ness, Chesterfield County, Const. S. C, 
Art. X, § 5. 



CONSTITUTION OF SOUTH CARO- 
LINA— Cont'd 
Officer, dead, eliminated prohibition against 

paying certain Const. S. C, Art. Ill, 

§ 32. 
Pensions, eliminated prohibition against 

certain Const. S. C, Art. Ill, § 32. 
Primary elections eliminated Const. S. C, 

Art. II, § 10. 
Retirement of officer, eliminated prohibi- 
tion against Const. S. C, Art. Ill, § 32, 
School districts, area, Richland County 

Const. S. C, Art. XI, § 5. 
Tax exemptions, Chesterfield County, pro- 
posed. Const. S. C, Art. VIII, § 8. 

Household goods and furniture, pro- 
posed. Const. S. C, Art. X, § 4. 
Water and sewer service, extend, Chester, 

proposed. Const. S. C, Art. X, § 15 

(1) (a). 

CONSTRUCTION CONTRACT 

Tax on certain; accumulate several within 
a bracket § 2543. 

CONTAINERS 

Flour, meal, hominy, grits, sale in § 6649. 

CONTESTS 

See Elections. 

CONTRABANDS 

Alcoholic liquors §§ 1843, 1847. 

CONTRACTS 

License tax on construction § 2543. 
Municipal officers accept, from municipal- 
ity on low public bid basis §§ 1516, 7242, 

7636. 

CONTRIBUTIONS 

Corporations deduct in determining income 
tax § 2440-1. 

CONWAY 

License motor bus transportation system 
§ 7675-22A. 

CORPORATIONS 

Alcoholic beverage license § 1835. 
Foreign, income tax, pay § 2451. 
Income tax, contributions deduct in de- 
termining § 2440-1. 

Pay §§ 2440, 2440-1, 2451. 
Lands conveyed by an alien to, controlled 

by grantor § 7790. 
Law, practice of § 333-4. 
License fees, certain, repealed § 2690-2. 
Stock, time advertise for new certificate § 

7682. 
Stock, transfer of shares of §§ 7017-1 thru 

7017-24. 
Uniform Stock Transfer Act §§ 7017-1 thru 

7017-24. 

CORRECTIONAL INSTITUTIONS 

Board of state industrial school §§ 1992-1 
thru 1992-10. 



COTTON 

State warehouse system, storage in § 6469, 

et seq. 
Warehousing. 

See State warehouse system under 
Warehouses and Warehousemen. 
Weigher, Johnston § 6424. 

COUNCILMEN 

See ^Municipal Corporations. * 

Salary, cities over 1,000 and less than 

5,000 § 7453-2. 
Spartanburg § 7675-50A. 
Term,«.Chapin § 7675-12B. 

Cities over 5,000 § 7453. 

COUNTIES 

Airport or landing strip, incur debt con- 
struct and maintain Const. S. C, Art. 
X, § 6. 

Assistance to certain needy persons, elimi- 
nated limitation on. Const. S. C, Art. 
Ill, § 32. 

Employees, retire certain §§ 3810-1 thru 
3810-17. 

Gasoline tax, allocation of certain §§ 2507, 
2520-5(10). 

Housing authority provide housing in rural 
areas § 5271-58. 

Officer, eliminated prohibition on paying 
deceased, salary Const. S. C. Art. Ill, 
§ 32. . 

Pensions, or retirement of officer, elimi- 
nated prohibition against Const. S. C, 
Art. Ill, § 32. 

Registrar of vital statistics § 5132. 

Service officers § 2968. 

COUNTIES OVER 53,000 AND LESS 
THAN 60,000 

Fireworks, use, discharge, sale and gift 
of § 1316-1. 

COUNTIES WITH CITY OVER 60,000 

Papers, method use record § 8893-2A. 

COUNTIES WITH CITY BETWEEN 
60,000 AND 70,000 

Expulsion of school children in certain 

§ 256-126. 
School warrants, execution § 5356. 

COUNTIES WITH CITY OVER 70,000 

Plumbing and sewerage facilities §§ 7151-1 
thru 7151-3. 

COUNTY AUDITOR 

See particular county. 

Duties, Oconee County § 4689. 

COUNTY BOARDS OF COMMISSION- 
ERS 

Horry County § 4491. 
Lee County § 4576. 

COUNTY BOARDS OF DIRECTORS 

Kershaw County §§ 4512, 4513. 

COUNTY BOARDS OF EDUCATION 

See County boards of education under 
Schools and School Districts, also par- 
ticular county. 



COUNTY COURTS 

Greenville County, jurisdiction §§ 119, 126. 
Jury cases, selection of jury § 126. 

Jurors, notify, when court called off, Flor- 
ence County § 64(2). 

Jurors, pay. 

Spartanburg County § 195. 

COUNTY EMPLOYEES 

Retirement system for §§ 3810-1 thru 
3810-17. 

COUNTY FORESTRY BOARD 

See Forestry. 

Appointment, etc. § 3284-12(8) (9). 

COUNTY HOME 

Richland County, use, control, etc. § 4738-3. 

COUNTY REGISTRAR 

Vital statistics § 5132. 

COUNTY SUPERINTENDENT OF 
EDUCATION 

See Schools and School Districts. 

COUNTY SUPERVISOR 

See County Boards of Commissioners, also 
see particular county. 

COURT CRIERS 

Pay. 

Horry County § 3518. 
Saluda County § 3518. 

CRABS 

See Fish, Oysters, Etc. 
Sale, possession § 3420-2. 

CREDITOR 

See Debtor and Creditor. 
Payment of account without notice of as- 
signment § 398. 

CREDIT UNIONS 

License fees, not pay § 2681. 

CRIMINAL CASES 

See General Sessions. 

Alcoholic liquor cases, prosecute certain § 
1853. 

CRIMINAL OFFENSE 

Housebreaking, penalties § 1139. 
W^arehouse receipts, etc. § 7017-80, et seq. 

CRIMINAL PROCEEDINGS 

Sumter County, duties of certain officials 
as to § 943. 

DAMAGES 

Aircraft, claim on, for § 7104. 

DANCE HALLS 

License, Lancaster County § 4569-4. 

DARLINGTON COUNTY 

Clerk of court, fees § 8558. 

State retirement system, participate in § 

4249. 
Treasurer, tax execution fee § 2854-2. 

DEAD 

Married person not heard from for 7 years 
presumed § 8568. 



DEATH 

See Vital Statistics. 

Certificates, correct mistakes, Sumter Coun- 
ty § 5057-5. 

Federal Missing Persons Act, receive evi- 
dence of, under § 718. 

Principal's, evidence as to § 7018. 
Facts not notice of § 7018. 

Records, issue certificates of § 5134. 
Admit in evidence § 5134. 
Fees § 5134. 

DEBTOR AND CREDITOR 

Accounts, payment without notice of as- 
signment § 398. 

DECEASED 

Officer, eliminated prohibition on paying 
salary Const. S. C, Art. Ill, § 32. 

DEEDS 

Execution of, condemned by municipali- 
ties § 7455-1. 

DEER 

See Game and Game Laws. 

DEFENSE 

See War; also United States Armed 
Forces. 

DENTISTS AND DENTAL HYGIEN- 
ISTS 

Dental laboratory technicians and apprent-. 

ices, practice §§ 5222-11 thru 5222-23. 
Specialists §§ 5222-2 thru 5222-10. 
State board § 5216. 

Pay and expenses § 5216. 

Secretary § 5216. 

State treasury, put fees in 5216. 

DEPOSITS 

See Public Funds. 

DEPUTY SHERIFFS 

See Sheriff, also particular county. 

DESTITUTE 

Assistance for, limitation eliminated, Const. 
S. C, Art. in, § 32. 

DILLON COUNTY 

Boats, register, operated in little Pee Dee 

River § 1807-3. 
Jurors §§ 3761-1, 7452. 
Magistrate courts, jurors § 3761-1. 
Municipal juries § 7452. 
Nets, seines, etc., use of, catch fish § 

1807-1. 
Recorder § 7675-25C. 

DISABILITY 

Retire certain public employees for §§ 
3810-1 thru 3810-17. 

DISCHARGES 

Recording §§ 8893, 8893-A, 8893-B. 

DOCTORS 

See Physicians and Surgeons. 

DOMESTIC RELATIONS 

Expulsion of school children in counties 
with juvenile-domestic relations courts 
§ 256-126. 



DONALDS 

Tax levy § 7414. 

DORCHESTER COUNTY 

Taxes, delinquent, penalties; time place 
in execution § 2782, 

DRAINAGE 

Cow Castle district, Orangeburg County, 
collection of taxes § 2876-5. 

DWELLINGS 

See Housing and Housing Authorities. 

EDGEFIELD COUNTY 

Fiscal year § 3869. 

Master, office abolished, duties and powers 

devolved § 3701-8. 
Probate judge. 

Bond § 3645. 

Duties and powers devolved on § 3761-8. 

EDUCATION 

See Schools and School Districts; also 
Institutions of Higher Learning. 

ELECTIONS 

See particular office or political subdivi- 
sion. 

Board of registration. 

Lexington County § 2269. 

Chester city council § 7238. 

Hours polls open, York County § 2301. 

Municipal corporations. 

See Municipal Corporations. 

Primary. 

Constitutional provisions relating to 
eliminated Const. S. C, Art. II, § 10. 

School trustees. 

See Schools and School Districts. 

Voting precincts. 

See Voting Precincts; also particular 
county. 

ELEEMOSYNARY SOCIETY 

Textile Hall Corporation § 2578(54). 

EMBALMERS 

Qualifications become licensed § 5266. 

EMINENT DOMAIN 

Deeds, execution of, of property condemn- 
ed by municipalities § 7455-1. 

EMPLOYER AND EMPLOYEE 

County employees, retirement §§ 3810-1 

thru 3810-17. 
Municipal employees, retirement §§ 3810-1 

thru 3810-17. 
Pension, eliminated prohibition against. 

Const. S. C, Art. Ill, § 32. 
Retirement, eliminated prohibition against 

Const. S. C, Art. Ill, § 32. 
State. 

See State Employees. 
State employees, retirement system for 

§§ 3810-1 thru 3810-17. 
Unemployment compensation. 

Employer further defined § 7035-99 (f) 
(2). 

Requirements terminate coverage § 7035- 
88(d). 



ESTATES 

Disposition of intestate § 8906. 

EVIDENCE 

Birth and death certificates § 5134. 
Federal Missing Persons Act § 718. 
Principal's death § 7018. 
Vital statistics records §§ 5134, 5134-3. 

EXECUTION 

Retirement benefits exempt from § 3810- 
13. 

EXECUTOR AND ADMINISTRATOR 

Administrator, powers with will annexed 

§ 9055. 
Estate, intestate, disposition § 8906. 

EYE 

Legal tests and reports on, optometrists 

make § 5241-1. 
Optometry, practice defined § 5233. 

FACTORIES 

Ta.xes exempt from. 

See particular political subdivision. 

FAIR ASSOCIATION 

Union County § 4873-2. 

FAIRFIELD COUNTY 

Aeronautics commission § 4350-1. 
Magistrates, constables, districts, § 3764. 
State retirement system, participate in § 
4350-2. 

FARES 

See Motor Vehicles. 

FARM 

See Agriculture. 

Gasoline tax refund for certain uses on § 
2520-5. 

FEDERAL GOVERNMENT 

See United States. 

FEDERAL MISSING PERSONS ACT 

Death, missing, captured, etc. receive re- 
port, etc. of under, as evidence of § 718. 

Receive finding of presumed death under, 
as evidence of death § 718. 

Receive report of persons missing, cap- 
tured, dead, etc., as evidence of same § 
718. 

FEDERAL STATUTE OR REGULA- 
TION 

Time sue for wage claim under § 396-2. 

FEES 

Auditor and treasurer settle monthly, Mc- 

Cormick County § 4642-1. 
Clerk of court collect auditing fees of 

deeds recorded, Oconee County § 4689. 
Clerk of court, Marion County § 4932-1. 
Licenses. 

See Licenses, also Taxes and Taxation. 
Probate judge, Lexington County § 4590-1 

(1). 

FENCES 

See Fish, Oysters, etc. 

Use of, in certain waters § 1772. 



FERTILIZER 

Plant food contents § 6363. 

FINANCES 

See Funds . 

FINES AND PENALTIES 

See Intoxicating Liquors. 

See Sentence and Punishment. 

Alcoholic Beverages Control Act of 1945, 

The §§ 1829 thru 1853. 
Housebreaking § 1139. 
Telling fortune as business § 1329-1. 
Warehouse receipts, etc. § 7017-80, et seq. 

FIRE 

Forest fire protection § 3284-12. 

FIREMEN 

Cities, certain. 

Pension fund § 7532. 

Retire disabled, paj' certain § 7532. 

Retire on pension after 25 years of serv- 
ice § 7532. 
State retirement system, effect on 3810-3 

Voluntary municipal, weekly salary for 
workmen's compensation benefits § 7035- 
2. 

FIREWORKS 

Use, sale, etc., counties over 53,000 and 
less than 60,000 § 1316-1. 

FISH AND GAME COMMISSION 

Horry County § 1813-11. 

FISH, OYSTERS, ETC. 

Broadaway Lake, methods not use catch 

fish in § 1797. 
Crabs, sale, possession § 3420-2. 
Fish and game commission, Horry County 

§ 1813-11. 
Fishing in certain waters, Florence, 

Georgetown and Horry Counties. § 

1807-2. 
License, exemptions § 1759-1. 
Nets, seines, etc., use catch fish, Dillon 

and Marion Counties § 1807-1. 
Nets, seines, wire fences, etc., use in cer- 
tain waters § 1772. 
Oyster bottoms, amount of seed oysters 

"plant on § 3343. 
Sanctuary, fish, Gallivant's Ferry, Marion 

County, fishing in 1820-1. 
Time catch nongame, York County § 

1828-3. 
Traps, use of, in certain waters § 1772. 

FLORENCE 

Saunders Memorial hospital exempt from 
taxes § 2578(54). 

FLORENCE COUNTY 

Coastal highway right-of-way § 5926(22). 

Fishing in certain waters § 1807-2. 

Forest Fire Control Organization Act re- 
pealed § 4372-1. 

Friendfield school district No. 41, trustees 
§ 5589-19. 

Jurors, notify, when court called off § 
64(2). 



FLORENCE COUNTY— Cont'd 

Oak Grove school district No. 22, trustees 

§ 5589-9. 
School trustees. 

Friendfield school district No. 41 § 5589- 

19. 
Oak Grove school district No. 22, § 
5589-9. 
Sheriff, traveling expenses § 4950. 
Tax exemptions § 2859(3). 

FLOUR 

Sale of, in containers § 6649. 

FOODS 

Fertilizer, plant, contents § 6363. 

FORESTRY 

Aiken County forestry protection associa- 
tions, lands of, sale, etc. §3931. 

Chester County Forest Fire Control Or- 
ganization Act repealed § 4138-6. 

Florence County Forest Fire Control Law 
repealed § 4372-1. 

S. C. Forest Fire Protection Act § 3284-12. 
Appropriations § 3284-12(3). 

Payment § 3284-12(7). 
Burning of lands by owner § 3284-12(13). 
County forestry boards § 3284-12(8) (9). 
Definitions § 3284-12(5) (6). 
Plans for forest fire protection § 3284-12 
(10). 

State commission of forestry. 

Direct and supervised forest fire pro- 
tection work § 3284-12(4). 
Funds Lancaster County pay § 4569-3. 

FORFEITED LAND COMMISSION 

Aiken County, powers, etc. § 3931(3). 
Charleston County, sales 2848-2A. 
Chester County, sell property, disposition 

of proceeds § 2850-4. 
Union County, powers § 2167. 

FORTUNE TELLING 

As business, unlawful § 1329-1. 

FOXES 

See Game and Game Laws. 

FRANCHISES 

Motor bus, cities of 7,000 and not over 

8,000 grant § 7528-14. 
Motor bus transportation. 

See particular municipality. 

FREEZING PLANTS 

Exempt from taxes. 

Colleton County § 2852-41(1). 
Oconee County § 2875(1). 

FRUIT JUICES 

Tax on § 2542-1. 

FUEL OIL 

Tax on §§ 2520-21 thru 2520-36. 

FUNDS 

Public, deposit. 

Chesterfield County § 4148. 

Lancaster County § 2867-3. 

Pickens County § 2877-3. 
Union County officials turn over certain 

§§ 4858, 4860, 4862. 



FURNITURE 

Exempt certain from taxes, proposed, 
Const. S. C, Art. X, § 4. 

FUTURE EVENTS 

Not predict, as business § 1329-1. 

GAFFNEY 

Board of public works, salaries § 7675- 
28A. 

Gaffney-Cherokee County airport commis- 
sion § 4121-6. 

GAME AND GAME LAWS 

Deer. 

Penalties kill doe § 1781. 

Season hunt, Horry County § 1781. 
Fish and game commission, Horry County 

§ 1813-11. 
Foxes. 

Aiken County, not use steel traps catch 
or kill § 1796-1. 
Hunt and kill any time § 1796-1. 

Season hunt, Williamsburg County § 
1827. 
Game warden. 

Orangeburg County § 1823. 

York County § 1828. 
Hunting license, exemptions § 1759-1. 

Fees, collection and disposition § 1778. 

Not hunt without § 1778. 
Turkey hen, wild, penalties kill § 1781. 

GAME FISH 

See Fish, Oysters, Etc. 

GAME WARDEN 

See Game and Game Laws. 

GAME ZONES 

See Fish, Oysters, Etc., also Game and 

Game Laws. 
GASOLINE AND GASOLINE TAX 

Allocation § 2520-5vl0). 

Distribution, allotted to counties § 2507. 

Refund certain consumed in farm opera- 

itons § 2520-5. 
Refund tax on, for use in certain planes 

owned by U. S. § 2520-2. 

GENERAL ASSEMBLY 

Aged, grant assistance to, limitation on 

eliminated. Const. S. C, Art. Ill, § 32. 
Assistance, limitation on eliminated to des- 
titute, aged, children, blind, et al., Const. 

S. C, Art. Ill, § 32. 
Blind, grant assistance to, limitation on 

eliminated Const. S. C, Art. Ill, § 32. 
Children, grant assistance to, limitation on 

eliminated, Const. S. C, Art. Ill, § 32. 
Destitute, grant assistance to, limitation on 

eliminated Const. S. C, Art. Ill, § 32. 
Officers. 

Deceased, eliminated prohibition on pay- 
ing, salary Const. S. C., Art. Ill, § 32. 

Pension, retirement, eliminated prohibi- 
tion on Const. S. C, Art. Ill, § 32. 

Retirement, eliminated prohibition on 
Const. S. C, Art. Ill, § 32. 

Salary, deceased, eliminated prohibition 
on paying Const. S. C, Art. Ill, § 32. 



GENERAL ASSEMBLY— Cont'd 

Old people, grant assistance to, limitation 

on eliminated Const. S. C, Art. Ill, 

§.32. 
Relief, eliminated limitation for, to aged, 

destitute, blind, children, et al., Const. 

S. C, Art. Ill, J .32. 

GENERAL ELECTIONS 

See Elections. 

GENERAL SESSIONS 

See Circuit Court. 

GEORGETOWN COUNTY 

Fishing in certain waters 1807-2. 
Records, certify photostatic copies of § 
3627-1. 

GOVERNOR 

Banks and cash depositories, declare holi- 
days for § 7054-1. 

Board of state industrial schools, appoint 
§ 1992-1. 

GRACE 

John P. Grace Memorial Bridge in state 
highway system § 5933-1(5). 

GREELEYVILLE 

Tax levy § 7414 . 

GREENVILLE COUNTY 

County court. 

Jurisdiction §§ 119, 126. 

Jury cases, selection of jury § 126. 
School district of the city of Greenville, 

trustees § 5595-8. 
School taxes § 5594-3. 
School trustees. 

School district of the city of Greenville 

§ 5595-8. 
Voting precincts § 2296(23). 

GREENWOOD 

Greenwood County airport commission § 

4467-7. 

GREENWOOD COUNTY 

Airport commission § 4467-7. 

Highway commission §§ 4457 thru 4460. 

Road tax abolished § 5860. 

State highway No. 72, location § 5933-1(1). 

Stores, rolling, operation § 7121. 

GRITS 

Sale of, in containers § 6649. 

GUARDIAN AD LITEM 

See Guardian and Ward. 

GUARDIAN AND WARD 

Funds pay in court action without § 350. 

Guardian ad litem, industrial commission, 

appointment in proceedings before § 401. 

HAMPTON COUNTY 

Magistrates, term Const. S. C, Art. V, 

§ 20. 
Sheriff, duties, salary, etc. 2863-A. 
Tax collector § 2863-A. 

HARTSVILLE 

Abutting property, assess § 7675-37B. 



HEALTH 

See particular county. 

Dental, state board of, examiners. 

See Dentists and Dental Hj^gienists. 

Hospitals. 

See Hospitals. 

Non-profit hospital service plan §§ 8113-21 
thru 8113-43. 

Women, pregnant, test blood of, for syph- 
ilis § 5044-6. 

HIGHWAY COMMISSION 

See Highways 

Greenwood County §§ 4457 thru 4460. 

HIGHWAY DEPARTMENT 

See State highway department under High- 
ways. 

HIGHWAYS 

John G. Richards highway § 5933-1(23). 
Motor vehicles. 

See Motor Vehicles. 
Sawver, Ben M., Memorial Bridge § 5933- 

1(22)._ 
State highway commission. 

Transfer highways § 5925-74. 
State highway department. 

Fuel oil tax, duties as to § 2520-35. 

Motor vehicles licenses, issuance § 
5S93-1. 

Real estate, acquire and dispose of § 
5877. 
State highways in municipalities over 2,- 

500 construct and re-construct §5891(7). 
State highway primary system § 5925-72. 
State highway secondary system § 5935- 

73. 
State highway system § 5925-71. 

Construction § 5925-75. 

Divided § 5925-71. 

Florence County § 5926(22). 

Jasper County § 5933-1(10). 

John P. Grace Memorial Bridge in § 
5933-1(5). 

Location No. 72 between Greenwood and 
Abbeville § 5933-1(1). 

Road on property of Industrial School in 
§ 5933-1(24). 

Transfer of highways § 5925-74. 
Streets. 

See Streets. 

HOLIDAYS 

Alcoholic liquors, not sell on § 1842. 
Banks and cash depositories §§ 7054, 
7054-1. 

HOMINY 

Sale of, in containers § 6649. 

HORRY COUNTY 

Board of commissioners § 4491. 

Board of education § 5603-2. 

Conwav high school district No. 1, tax 

levy § 5604(2). 
Court crier and bailiffs, pay 3518. 
Deer. 

Penalties kill doe § 1781. 

Season hunt § 1781. 
Fish and game commission § 1813-11, 



HORRY COUNTY— Cont'd 

Fishing- in certain waters § 1807-2. 

Jurors, pay § 632. 

Memorial library commission § 5605-2. 

Motor vehicles, operation on beaches in, 

restricted § 1691. 
Myrtle Beach high school district No. 8 

§ 5604(1). 
School district tax levies § 5330. 
Service officer § 2970-26. 
Tax collectors § 2864-4. 
Taxes, exemption § 2852-41(2). 
Turkey hen, wild, penalties kill § 1781. 
Witness, pay §§ 4963, 4964. 

HOSPITALS 

Municipalities of 1,000 and not over 5,000 
establish § 7452-3. 

Erect and operate § 7452-3. 
Non-profit hospital service plan §§ 8113-21 
thru 8113-43. 

Bond § 8113-40. 

Dissolution or liquidation §8113-34. 

Incorporate § 8113-21. 

License §§ 8113-27, 8113-28, 8113-39. 

Operation §§ 8113-21 thru 8113-43. 

Report § 8113-29. 
Non-profit, service organizations, benefits 

provide § 8113-7. 
State hospital. 

See State Hospital. • 

Taxes, exempt from. 

See particular hospital, also Taxes and 
Taxation. 

HOUSEBREAKING 

Penalties § 1139. 

HOUSEHOLD GOODS 

Exempt certain from taxes, proposed. 
Const. S. C, Art. X, § 4. 

HOUSING AND HOUSING AUTHOR- 
ITIES 

See Buildings. 

Aiken § 7675-lB. 

County and regional housing authorities 

provide, in rural areas § 5271-58. 
Inspection fees, cities of 70,000 or more 

§ 7484. 
Redevelopment projects carry out § 5271- 

90C. 
State board of, abolished, etc. § 5271-6. 
Study and report on § 5271-62. 

HUNTING 

See Game and Game Laws. 

HUNTING LICENSES 

See Game and Game Laws. 

Fees, collection and disposition § 1778. 

Not hunt without § 1778. 

HUSBAND AND WIFE 

Presumption as to married person not 
heard from for 7 years § 8568. 

INCOME TAX 

Collection and payment §§ 2458, 2462. 
Contributions, corporations deduct in de- 
termining § 2440-1. 
Corporations, pay §§ 2440, 2440-1, 2451. 
Delinquent, collection § 2462. 
Receipts, allocation of § 2458. 
State employees pay § 2438. 



INDUSTRIAL COMMISSION 

See Workmen's Compensation. 

INDUSTRIAL SCHOOLS 

Board of state industrial schools, appoint- 
ment, duties, etc. §§ 1992-1 thru 1992-10. 

Road on property of, in state highway 
system § 5933-1(24). 

INDUSTRIES 

Taxes exempt from. 

See particular political subdivision. 

INFANT 

Funds pay in court action without guar- 
dian § 350. 

Industrial commission, appointment of 
guardian ad litem for, before § 401. 

Servicemen's Readjustment Act of 1944, 
disability of minority removed, in cer- 
tain transactions under § 2971-12. 

INHERITANCE TAX 

Exemptions § 2480. 

INSANE 

Industrial commission, appointment of 
guardian ad litem for, before § 401. 

INSURANCE 

Associations having home office in New- 
berry County, risks insure § 8073. 
Commissioner. 
Deputy § 7943. 

Non-profit hospital service plan, duties, 
etc. as to §§ 8113-21 thru 8113-43. 
Non-profit hospital service plan §§ 8113-21 

thru 8113-43. 
Peace officers, receive no benefits until 
service as, terminated §§ 3812-1, 3812- 
2. 
Time file application for benefits § 3812- 
2. 
Peace officers, reinstate certain members 

for § 3811-9. 
Pension funds for firemen in certain mu- 
nicipalities § 7532. 
Servicemen's Readjustment Act of 1944, 
make loans under § 7838-1. 
Rules for 7838-1. 
State warehouse system § 6481. 

INSURANCE COMMISSIONER 

See Commissioner under Insurance. 

INTENDANT 

See Municipal Corporations; also particu- 
lar municipalit\'. 

INTESTATE ESTATES 

Disposition of § 8906. 

INTOXICATING LIQUORS 

Alcoholic Beverage Control Act of 1945, 
The. 

Advertise on billboards, not, certain § 
1842. 

Affix stamps on containers § 1838. 

Alcohol exempted § 1850. 

Penalties sell exempted products for 
beverage purposes § 1850. 

Chattels used unlawfully in transporta- 
tion § 1847. 



INTOXICATING LIQUORS— Cont'd 

Alcoholic Beverage Control Act of 1945, 
The— Cont'd 
Complimentary to certain beer and wine 

laws § 1849. 
Containers without stamps § 1842. 
Contrabands, seize, disposition § 1843. 
Definitions § 18.^0. 
Distribution § 1832. 

Distribution of certain receipts § 1838. 
Drink on premises of licensees, not § 

1842. 
Employ minors, not § 1842. 
Existing laws, effect on § 1853. 
Fines, distribution of § 1846. 
Hearings § 1844. 

Illegal acts, regulation prevent § 1840. 
Inspectors § 1831. 
Licenses. 

Applicant file bond or give deposit if 
application favorable acted on § 
1837. 
Actions, recover § 1837. 
Breach § 1837. 
Forfeiture § 1837. 

Use of proceeds § 1837. 
Application § 1835. 
Corporations § 1835. 
Death of licensee § 1836. 
Expirations § 1836. 
Give notice of applying § 1835. 
Give notice of refusal to grant sus- 
pension, or revocation of § 1844. 
Manufacturer § 1832. 
Payment of tax § 1833. 
Qualifications of applicant and man- 
ager § 1835. 
Refund licensees who entered U. S. 

armed services § 1841. 
Refuse grant § 1833. 
Appeal § 1833. 

Payment tax § 1833. 
Restrictive provisions on licensees § 

1832. 
Retail dealer § 1832. 
Semi-annual § 1836. 
Suspend or revoke § 1834. 
Appeal § 1834. 
Disposition of stocks § 1834. 
Taxes and bond violations, disposition 

of receipts § 1841. 
Wholesaler § 1832. 
License taxes on sale §§ 1836, 1838. 
Collection § 1838. 
Distribution of certain § 1836. 
Manufacture, sale, etc. unlawful § 1842. 
Possession in place of business § 1842. 
Prices, maximum § 1839. 
Prosecutions pending § 1853. 
Purchase § 1842. 
Receive or possess for unlawful use, 

not § 1842. 
Refunds § 1838. 
Rules and regulations § 1838. 
Stamps, unlawful use § 1847. 
Stamps, use § 1847. 
State constables § 1848. 
Expenses, payment § 1848. 
Stated §§ 1829 thru 1853. 
Sundays, holidays and during proclaim- 
ed emergencies, not sell on § 1842. 



INTOXICATING LIQUORS— Cont'd 

Alcoholic Beverage Control Act of 1945, 

The — Cont'd 
Tax commission. 

Analyze alcoholic liquors § 1831. 

Attorney § 1831. 

Duties and powers §§ 1829 thru 1853. 

Employees § 1831. 

Equipment and material § 1831. 

Inspectors § 1831. 

Interest of members or its agents re- 
stricted § 1831. 

Membership increased § 1831. 

Officers § 1831. 

Report § 1831. 
Taxes §§ 1836, 1838, 1863. 
Unstamped, contraband § 1847. 
Wholesalers furnish invoices and report 

§ 1838. 
Wine, sale § 1845. 
Taxes, additional on § 1863. 
Collection, payment, disposition § 1863. 

INTRA-COASTAL WATERWAY 
COMMISSION 

Abolished, duties and powers devolved §§ 
6031-1 thru 6031-9, 6037 thru 6042. 

ITINERANT 

Nonresident, motor vehicle registration 
license § 5900-1. 

JAIL AND JAILER 

Pickens County, duties § 1960-S. 

JASPER COUNTY 

Board of education § 5606-1. 

Circuit court, terms of § 64. 

Office hours § 4503. 

School trustees § 5606-2. 

State highway svstem, road out of § 5933-1 

(10). 
'lax exemptions § 2865(1). 
Year, fiscal § 3869. 

JOHN G. RICHARDS INDUSTRIAL 
TRAINING SCHOOL FOR NEGRO 
BOYS. 

Management, etc. §§ 1992-1 thru 1992-10. 

JOHNSTON 

Cotton weigher § 6424. 

JUDGEMENT AND DECREE 

Limitation of action on §§ 387, 743, 745. 
Retirement benefits exempt from § 3810-13. 
Revival and renewal § 743. 

JUDGES 

See particular court. 

JURY AND JURORS 

Circuit court. 

See Circuit Court. 
Magistrate. 

See Magistrates. 
Municipal juries, Dillon County § 7452. 
Notify when court called off, Allendale and 

Florence Counties § 64(2). 
Pay § 632. 

KERSHAW COUNTY 

Board of directors §§ 4512, 4513. 
Jurors, circuit court, pay § 632. 
Manufacturers exempt from taxes § 2866- 
(3). 



KERSHAW COUNTY— Cont'd 

School district No. 1, bonded indebtedness, 
proposed. Const. S. C, Art. X, § 5. 

School trustees. 

School district No. 1 § 5612-1. 

Sinking fund commission pay over certain 
surpluses § 4528-1. 

Superintendent of education, travel ex- 
penses § 5611-2. 

Taxes, exemptions § 2866(3). 

Township directors, election, term § 4512. 

LABORATORY 

Dental, technicians and apprentices, prac- 
tice regulated §§ 5222-11 thru 5222-23. 

LANCASTER COUNTY 

Attorney § 4569-1. 

Board of education § 5613-1. 

Dance halls, piccolos, etc., license fee for 
§ 4569-4. 

Funds, deposit of public § 2867-3. 

Funds pav state commission of forestry 
§ 4569-,'!". 

Magistrates, jurisdiction § 3773-1. 

Potato curing houses, build and maintain 
§ 5613-1(5). 

School claims. § 5613-2. 

School district No. 14, tax levy for rec- 
reation § 9318-1. 

School system §§ 5613 thru 5613-4. 

School trustees § 5613-3. 

State commission of forestry'. 
Funds pay § 4569-3. 

State retirement system, participate in § 
4569-7. 

Superintendent of education § 5613. 

Tax exemptions § 2867(3). 

LANDING FIELDS 

See Airports. 

LANDING STRIPS 

County or townships incur debt construct 
and maintain Const." S. C, Art X, § 6. 

LANDLORD AND TENANT 

Abandonment of premises § 8806-47. 
Agricultural renter defined § 8806-4. 
Agricultural rents and advances, collection 

§ 8806-40. 
Corporations and partnerships § 8806-44. 
Distress §§ 8806-30 thru 8806-41. 

Property exempt from § 8806-32. 

Property removed from premises § 8806- 
38. 
Domestic servant defined § 8805. 

Time vacate § 8806-9. 
Ejectment proceedings §§ 8806-18 thru 

8806-29. 
Farm laborer defined § 8806. 
Farm tenancies, expiration § 8806-8. 
Landlord defined § 8806-42. 
Month to month tenancy § 8806-7. 

Termination § 8806-11. 
Premises, use without agreement § 8806-13. 
Property distrained subject to lien § 8806- 

49. 
Real estate agreements void if not in writ- 
ing § 8806-6. 
Real estate, person in possession § 8806-15. 



LANDLORD AND TENANT— Cont'd 
Real estate, sale under lease § 8806-45. 
Real estate tenancy from month to month 

§ 8806-7. 
Rent, collect by distress §§ 8806-30 thru 

8806-41. 
Rent, default, effect §§ 8806-12, 8806-14. 
Rent, failure to pay § 8806-12. 
Rents, time pay § 8806-16. 
Sub-leases § 8806-44. 
Tenancy create by parol § 8806-5. 
Tenancy for term or years, expiration § 

8806-10. 
Tenant at will defined § 8806-1. 

Vacate, time § 8806-9. 
Tenant defined § 8806-43. 
Tenant for term defined § 8806-2. 
Tenant for years defined § 8806-3. 
Tenant when eject § 8806-17. 
Tenant wrongfully dispossessed § 8806-29. 
Year to year tenancy, no § 8806-11. 

LANDS 

See Real Estate. 

LAURENS 

Grant bus franchises § 7675-39B. 

LAURENS COUNTY 

Probate judge, deputy § 3673. 
Tax exemptions § 2868(1). 

LAWYERS 

See Attorneys. 

LAW 

See Attorneys. 

Admission nonresidence to practice § 319. 
Practice further regulated §§ 333-1 thru 
333-4. 

LEE COUNTY 

Board of commissioners § 4576. 
Lucknow and Bishopville magisterial dis- 
tricts, dividing line between § 3773. 

LEGISLATURE 

See General Assembly. 

LEVY 

Retirement benefits exempt from § 3810-13. 

LEXINGTON COUNTY 

Board of registration § 2269. 
Probate judge, fees § 4590-1(1). 

LIBRARY 

Bamberg County public library board § 
5530-11. 

Board, Colleton County § 5566-20. 

Chester County free public library § 5555. 

Horry County memorial library commis- 
sion § 5605-2. 

LICENSES 

See Taxes and Taxation. 

Additional, fees required of certain bus- 
inesses repealed § 2690-2. 

Alcoholic beverages. 

See Intoxicating Liquors. 

Beer. 

See Beer. 

Credit unions not pay § 2681. 



LICENSES— Cont'd 
Driver. 

See this title under Motor Vehicles. 
Embalmer, qualifications § 5266. 
Alarriage, issuance § 8557. 
Motor bus transportation system. 

See particular municipality. 
Motor vehicle dealers § 2556-1. 
Motor vehicle, not issue if delinquent tax 

due on motor vehicle § 5S93-1. 
Music machines, etc., Lancaster Countv 

§ 4569-4. 
Non-profit hospital service plan §§ 811.3-21 

thru 8113-43. 
Nonresident itinerant motor vehicle regis- 
tration § 5900-1. 
Tax on certain construction contracts § 

2543. 
Truck and/or trailers § 5894 (2)(a)(c). 
Wine. 

See Wine. 

LIEN 

Agricultural rents and advances § 8806-40. 
Aircraft, for damages § 7104. 
Landlord § 8805 thru 8806-49. 
State warehouse system § 6481. 

LIMITATIONS OF ACTIONS 

Judgments and decrees §§ 387, 743, 745. 
Municipal limits, time contest § 7232-1. 
Wages claim under federal statute or reg- 
ulation § 396-2. 

McCOLL 

Exempt property of churches from pav- 
ing assessments § 7675-40B. 

McCORMICK COUNTY 

Auditor and treasurer settle monthly for 

services § 4642-1. 
Circuit court, terms § 61(1) (b). 
School trustees. 

McCormick school district No. 4 § 

5628-1. 

MACHINES 

Music, license, Lancaster County § 4569-4. 

MAGISTRATE 

Berkeley County, additional § 3756(1). 

Bonds, Aiken County § 3749. 

Constables, Aiken County § 3749. 

Change of venue b}', third magisterial dis- 
trict, Sumter County § 3786-1(11). 

Chester County, salaries § 3760(1). 

Constables, Chester County, salaries § 
3760(11). 

Constables, districts Nos. 1 and 5, New- 
berry County, pay, duties, etc. § 3777. 

Duties in certain criminal proceedings, 
Sumter County § 943. 

Fairfield County § 3764. 

Jurisdiction, Anderson County, proposed, 
Const. S. C, Art. V, § 21. 

Jurors, Dillon County § 3761-1. 

Lancaster County, jurisdiction § 3773-1. 

Lee County, dividing line between Luck- 
now and Bishopville districts § 3773. 

Spartanburg County § 3785(1). 

Terms. 

Aiken County Const. S. C, Art. V, § 20. 



MAGISTRATE— Cont'd 

Terms — Cont'd 

Hampton County Const. S. C, Art. V, 
, § 20. 
York Countv, jurisdiction in civil cases § 
3789(2).' 
Reports § 3789(6a). 

MANAGER 

Spartanburg § 7675-50A. 
Towns of 1,000 and not over 5,000, elec- 
tion, salary § 7449. 

MANNING 

Tax levy § 7437. 

MANUFACTORIES 

See Factories, also Industries. 
Taxes exempt from. 

See particular political subdivision. 

MANUFACTURE 

Alcoholic liquor § 1842. 

MANUFACTURER 

See Intoxicating Liquors. 

Bedding, minimum tags purchase § 5057-16. 

MARINES 

See United States Armed Forces. 

MARION COUNTY 

Clerk of court, minimum fee § 4932-1. 
Game sanctuary near Gallivant's Ferry, 

fishing in § 1820-1. 
^Municipal prisoners, keep certain § 4617-1. 
Nets, seines, etc., use of, catch fish § 

1807-1. 
School trustees § 5633. 
Taxes, increase special school § 5632(1). 

MARLBORO COUNTY 

Clerk of court charge record discharges 

§ 8893(2). 
State retirement system, participate in § 

4636-3. 
Taxes, discount on § 2873-3. 

MARRIAGE 

Complete records, Aiken or Aiken County 

§ 8561. 
Contracts, establishment of record § 8571-1. 
Licenses, issuance § 8557. 
Presumption as to married person not 

heard from for 7 years § 8568. 
Service of party out of state in action 

annul § 8568-1. 

MASTER 

Office abolished, etc., Edgefield County § 

3701-8. 
Stenographic services for, Aiken County 

§ 3700-1. 
Turn over certain funds, Union County 

§ 4858. 

MAYOR 

See Municipal Corporations; also particu- 
lar municipality. 

Salary, cities over 1,000 and less than 5,- 
000 § 7452-2. 

Spartanburg § 7675-50A. 

Term, Chapin § 7675-12B, 



MEAL 

Sale of, in containers § 6649. 

MEMORIAL 

Horry County § 5605-2. 

MILITARY 

See United States Armed Forces, also 
War. 

MILITIA 

Washington Light Infantry and Sumter 
Guards Board of Officers, The §§ 2973, 
2974. 

MINOR 

Funds pay in court action without guar- 
dian § 350. 

MISSING 

Federal Missing Persons Act, receive evi- 
dence of, under § 718. 

MOTION PICTURE THEATERS 

Computation tax on § 2531. 

MOTOR VEHICLES 

Beaches, operation on, restricted, Horry 

County § 1691. 
Bus transportation system. 

Clinton § 7675-16C. 

Conway § 7675-22A. 

Laurens grant § 7675-39B. 

Municipalities of 7,000 and not over 8,- 
000 grant franchises § 7528-14. 

Orangeburg § 7675-45B. 
Dealer, license § 2556-1. 
Driver's license, validity of, U. S. armed 

forces extended § 5994. 
Licenses, issuance § 5893-1. 
Nonresident itinerant, registration license 

§ 5900-1. 
Register annually, cities of 70,000 and 

over § 5895. 
School bus, color paint § 1626-3(2). 
School bus drivers, powers § 1626-3(13). 
Trailers. 

Length, weight, license fees §§ 1623, 

5894. 
Trucks and trailers. 

Length, weight § 1623. 

License fees § 5894. 

MUNICIPAL CORPORATIONS 

See particular municipalit}'. 
Assistance to certain needy persons, elimi- 
nated limitation on, Const. S. C, Art. 

in, § 32. 
Chapin, term of mayor and councilmen § 

7675-12B. 
Charter, surrender, towns under 1,000 § 

7402. 
Cities over 1,000 and under 5,000, salary 

of mayor and councilmen § 7452-2. 
Cities over 5,000. 

Term of council § 7453. 
Cities of 7,000 and not over 8,000 grant 

motor bus franchises § 7528-14. 
Cities of 70,000 and over, building inspec- 
tion fees § 7484. 

Register motor vehicles annually § 5895. 
Council, Chester, election § 7238. 



MUNICIPAL CORPORATIONS— Cont'd 

Council, members, salaries, Orangeburg § 
7605. 

Council, term of, cities over 5,000 § 7453. 

Counties with city over 70,000. 

See Counties with City over 70,000. 

Deeds to property condemned by, execu- 
tion § 7455-1. 

Employees, retire certain §§ 3810-1 thru 
3810-17. 

Extension of limits, time contest § .7232-1. 

Firemen, retire, in certain cities § 7532(12). 

Highways, state, in, construction and re- 
construction § 5891(7). 

Housing. 

See Housing and Housing Authorities. 

Juries, Dillon County § 7452. 

Mayor and councilmen, salaries, cities over 
1,000 and less than 5,000 § 7452-2. 

Officer contract with, on low public bid 
basis §§ 1516, 7242, 7636. 

Officer, eliminated prohibition on paying 
deceased, salary Const. S. C, Art. Ill, 
§ 32. 

Pensions, or retirement of officer, elimi- 
nated prohibition against Const. S. C, 
Art. Ill, § 32. 

Pension funds for firemen in certain § 
7532. 

Planning commission, Aiken § 7675-lB. 

Plumbing and sewerage facilities, counties 
with citv over 70,000 §§ 7151-1 thru 7151- 
3. 

Prisoners, keeping of, Marion County § 
4617-1. 

Projects, extend beyond limits § 9261-1. 

Public work projects extend beyond lim- 
its § 9261-1. 
Issue bonds improve and enlarge § 9261. 

Redevelopment projects, approval § 5271- 
90E. 

Spartanburg, mayor, councilmen, city man- 
ager § 7675-50A. 

Stadium, vote on bonds for § 7327. 

Taxes. 

See Taxes and Taxation. 
See particular municipality. 

Towns under 1,000. 

Charter, surrender § 7402. 

Towns of 1,000 and not over 5,000. 

Establish and operate hospital § 7452-3. 
Manager, attorney and other officers, 
election, salaries § 7449. 

Towns over 2,500, state highways, con- 
struction and re-construction § 5891(7). 

Towns of 3,200 and not over 3,300. 
Peace officers, election, removal § 7452-4. 

Water and sewer systems, e.vcend § 7280-2. 

MUNICIPAL ELECTIONS 

See Elections; also Municipal Corpora- 
tions. 

MUSIC MACHINE 

License, Lancaster County § 4569-4. 

NATIONAL GUARD 

Washington Light Infantry and Sumter 
Guards Board of Officers, The, duties, 
powers, etc. § 2973. 



NATURAL RESOURCES COMMIS- 
SION 

Abolished, duties and powers devolved 
§§ 3270 thru 3276. 

NAVY 

See United States Armed Forces. 

NEEDY PERSONS 

Aid provide, limitation eliminated Const. 
S. C, Art. Ill, § 32. 

NETS 

See Fish, Oysters, Etc. 

Use of, in certain waters § 1772. 

NEWBERRY 

Islewberry airport commission § 4684-4. 

NEWBERRY COUNTY 

Constables, districts Nos. 1 and 5, pay, 

duties and powers § 3777. 
Insurance association having home office 

in, risks insure § 8073. 
Newberry airport commission § 4684-4. 
State retirement system, participate in § 

4684-3. 
Supplies, purchase § 4684-2. 
Tax collector, assistant § 2874-4. 

NEW FARMERS OF SOUTH CARO- 
LINA 

Property exempt from taxes § 2578 (68). 

NEW HOMEMAKERS OF SOUTH 
CAROLINA 

Property exempt from taxes § 2578(68). 

NON-PROFIT HOSPITAL SERVICE 
ORGANIZATIONS 

Benefits provide § 8113-7. 

NONRESIDENT 

Attorney, admission to practice § 319. 
Income tax pay § 2451. 
Inheritance tax, liability § 2480. 
Itinerant motor vehicle registration license 

§ 5900-1. 
Service of, action annul marriage § 8568-1. 

NORTH AUGUSTA 

Commission of public works abolished § 
7675-45A. 

NORWARD GRANGE NO. 550 

Exempt from taxes § 2578(67). 

NOTICE 

Stock, corporation, time advertise for new 
certificate § 7682. 

OCONEE COUNTY 

Auditor check real estate transfers § 4689. 

Clerk of court, collect certain fees § 4689. 

Jurors, circuit court, pay § 632. 

Probate judge, deputy § 3673-1. 

Real estate transfers, duties of auditor 

and treasurer as to § 4689. 
Rural police system abolished § 3805. 
School districts, consolidation § 5319. 



OCONEE COUNTY— Cont'd 

School, high, tax levy § 5640. 

Apportionment § 5640. 
Taxes, exemptions § 2875(1). 

OFFICERS AND OFFICES 

See particular ofifice or officer. 
County. 

See County Officers. 
Deceased, eliminated prohibition against 

paying salary Const. S. C, Art. Ill, 

§ 32. 
Hours open. 

Jasper County § 4503. 
Municipal, accept contracts from munici- 
pality on low public bid basis §§ 1516, 

7242, 7636. 
Pension, eliminated prohibition against 

paying, Const. S. C, Art. Ill, § 32. 
Retirement §§ 3810-1 thru 3810-17. 

Circuit court judges §§ 3810-21 thru 
3810-26. 

Supreme Court justices §§ 3810-21 thru 
3810-26. 
Retirement on pay or part pay, eliminated 

prohibition against Const. S. C, Art. 

Ill, § 32. 

OIL 

Fuel oil, tax on § 2520-21 thru 2520-36 

OLD AGED 

Assistance for certain, limitation elimi- 
nated Const. S. C, Art. Ill, § 32. 

Assistance, residence required receive § 
4996-30. 

OPTICIANS AND OPTOMETRY 

A-pplicability of provisions thereof to phy- 
sicians § 5248. 

Legal tests and reports make § 5241-1. 

Pay and expenses of board of examiners 
§ 5241. 

Practice defined § 5232. 

ORANGEBURG 

Council, members, salaries § 7605. 
Motor bus transportation, license and op- 
erate § 7675-45B. 

ORANGEBURG COUNTY 

Cow Castle drainage district, collection of 

taxes § 2876-5. 
Delinquent tax collector, office abolished 

§ 2876-3. 
Delinquent taxes, collection §§ 2876-3, 

2876-5. 
Game warden, election, term § 1823. 
School district No. 26, tax levy § 5644-1. 
Service officer § 2970-37. 
Sheriff, duties and powers as to taxes §§ 

2876-3, 2876-5. 
Sheriffs, deputy § 3552-8. 
Tax collector, turn over certain records, 

etc. § 2876-3. 
Tax executions, collection § 2876-3. 
Tax executions, mileage charge on § 2876- 

3. 

ORCHESTRA 

License, Lancaster County § 4569-4. 

OYSTERS 

See Fish, Oysters, Etc. 



PACKAGES 

Flour, meal, hominy, grits, sale in § 6649. 

PALMETTO JUNIOR HOMEMAKERS 
ASSOCIATION 

Property exempt from taxes § 2578(68). 

PARDON 

Board of pardon, duties and powers de- 
volved § 1038-17. 

PARTRIDGES 

See Game and Game Laws. 

PEACE OFFICERS 

See particular count}'; also Police, and 

also Rural Police. 
Insurance and annuities. 

Members of association in military serv- 
ice, reinstate certain § 3811-9. 
Receive no benefits until service as, 

terminated §§ 3812-1, 3812-2. 
Time file applications for benefits § 
3812-2. 
State retirement system, effect on § 3810- 
3(9). 
Not become members § 3810-3(9). 
Term elect, towns of 3,200 and not over 
3,300 § 7452-4. 
Removal § 7452-4. 

PEE DEE RIVER 

Register boats operated in Little, Dillon 
County § 1807-3. 

PENALTIES 

See Fines and Penalties. 
House